RULES 
SUPREME  COURT 

DISTRICT  OF  COLUMBIA 
1919 


Jk/H*±>< 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


lumtna 


I,  John  t  of  the  Dis- 

trict of  Coiumoia,  ao  nereDy  certny  tnai  tne  -Kiues  of  Practice 
contained  within  this  volume,  are  the  rules  promulgated  to  be  in 
effect  on  and  after  December  1,  1913,  together  with  such  additional 
Rules  as  have  been  promulgated  together  with  all  amendments 
that  have  been  adopted  from  said  date  to  and  including  the 
31st  day  of  May,  1919. 

John  R.  Young, 

[Seal.]  Clerk. 


- 


RULES 


OF  THE 


SUPREME   COURT 


OF  THE 


DISTRICT  OF  COLUMBIA 


ADOPTED  AT  THE 


APRIL  TERM,  1909, 


AS  REVISED   TO 


NOVEMBER   15,   1913, 


WITH   ALL   AMENDMENTS  TO 


MAY  31,   1919. 


WASHINGTON: 

THE   LAW  REPORTER  PRINTING   COMPANY 
1919 


Copyright,  1919 

BY 

The  Law  Reporter  Printing  Company 
Washington,  D.  C. 


7 

I'll0! 


CONTENTS. 


Page 

Law  Rules... 5 

Equity  Rules. 55 

Index  to  Law  and  Equity  Rules 88 

Admiralty  Rules 89 

Index  to  Admiralty  Rules 108 

Probate  Rules 109 

Index  to  Probate  Rules 126 


KS7173 


LAW  RULES. 


TERMS  OF   COURT. 

1 

1 .  The  terms  of  court  shall  begin  as  follows : 
Of  the  general  term  on  the — 

First  Monday  in  January,  April  and  October. 
Of  the  circuit  courts  on  the — 

First  Tuesday  in  January,  April  and  October. 
Of  the  equity  courts  on  the — 

First  Tuesday  in  each  month. 
Of  the  district  court  on  the — - 

First  Monday  in  January  and  July. 
Of  the  criminal  courts  on  the — 

First  Tuesday  in  January,  April  and  October. 

Provided,  that  whenever  the  first  day  of  any  term  shall  fall 
on  a  legal  holiday,  such  term  shall  begin  on  the  next  business  day. 

2.  Continuation  of. — Each  term  shall  continue  until  the 
commencement  of  the  next  term,  and,  as  to  any  particular  cause, 
until  the  final  disposition  of  any  motion,  petition  or  bill  of  excep- 
tions contemplated  by  and  filed  or  submitted  within  the  time 
allowed  by  these  rules. 

3.  Naturalization  Hearings. — Hearings  on  petitions  for 
naturalization  shall  be  held  on  the  first  Monday  of  each  month, 
unless  that  be  a  legal  holiday,  then  on  the  next  business  day. 

INTERLOCUTORY  ORDERS. 

2 

Any  justice  of  the  court  may,  at  chambers  (as  well  in  vaca- 
tion as  in  term),  make  interlocutory  orders,  at  law  or  in  equity, 

(5) 


6  LAW  RULES 

in  the  same  manner  and  with  the  same  effect  as  the  court  could 
in  term,  and  the  same  shall  be  entered  in  the  minutes  of  the  court. 

MINUTES  OF  COURT. 
3 

1 .  The  proceedings  of  the  court  shall  be  recorded  in  the  minutes 
in  due  legal  form  by  the  clerk. 

2.  Separate  minute  books  shall  be  kept  for  lunacy,  habeas 
corpus  and  extradition  proceedings. 

CLERK  OF  COURT. 
4 

1.  Office  Hours. — The  clerk  shall- keep  his  office  open  from 
9  o'clock  a.  m.  until  4  o'clock  p.  m.,  excepting  Sundays  and  legal 
holidays. 

2.  Papers  and  Exhibits,  Filing  By. — It  shall  be  the  duty  of 
the  clerk,  upon  receiving  and  filing  any  paper  in  a  cause,  to  note 
the  date  of  filing  the  same  both  upon  the  back  of  the  paper  and 
on  the  face  thereof,  next  to  the  title  of  the  cause;  and  such  date 
shall  be  marked  also  upon  each  exhibit  annexed  or  prefixed  to  such 
paper,  at  the  head  and  on  the  face  thereof. 

3.  Accounts  of  Deposits. — The  clerk  shall  provide  a  book  in 
which  he  shall  keep  a  true  account  of  all  moneys  or  funds  or 
securities  in  the  registry  of  the  court  subject  to  its  order,  showing 
the  date  of  the  payment  thereof  into  court,  the  cause  to  which 
the  same  are  credited,  the  place  where  deposited  by  him,  a  brief 
reference  to  any  order  touching  the  safe-keeping  or  investment, 
the  amount  of  interest  thereon  received  by  him,  if  any,  and  the 
manner  in  which  the  fund  was  finally  disposed  of.  He  shall  make 
out  and  submit  to  the  general  term  at  each  regular  term  thereof 
a  detailed  report,  showing  the  various  funds  in  his  hands  as  such 
clerk  or  as  register,  where  and  by  what  authority  the  same  are 
deposited,  kept,  or  invested,  and  his  vouchers  shall  be  presented 
with  such  report,  and  together  they  shall  thereupon  be  filed  amongst 
the  records  of  the  court.    (Sees.  798,  995,  996,  R.  S.  U.  $.). 


AMENDMENT  TO  RULE  5. 

3.  A  former  judge  of  a  court  of  the  United  States,  or  of  a  court 
of  record  of  a  State;  law  officers  of  the  United  States  nominated 
by  the  President  of  the  United  States,  and  by  and  with  the 
advice  and  consent  of  the  Senate  appointed  by  him,  and  persons 
who  have  been  such  law  officers,  upon  satisfactory  evidence  of 
good  moral  character  and  payment  of  the  prescribed  fee  may  be 
admitted  upon  the  report  of  said  committee. — [Amended  June 
12,  1919.] 


LAW   RULES  7 

ADMISSION  TO  THE  BAR. 
5 

1.  Applications  for  admission  to  the  bar,  except  when  other- 
wise directed  by  the  court,  shall  be  made  in  writing,  addressed 
to  the  court  in  general  term,  and  be  referred  by  the  clerk,  with- 
out further  order  of  the  court,  to  the  committee  on  examination 
for  its  report;  and  any  applicant  who  has  been  admitted  to  prac- 
tice law  in  a  court  of  general  jurisdiction  of  any  State  or  Terri- 
tory, while  a  non-resident  of  the  District  of  Columbia,  may, 
upon  satisfactory  evidence  of  good  moral  character  and  upon 
the  report  of  said  committee,  and  after  examination  as  to  fit- 
ness, or,  in  the  discretion  of  the  court,  without  such  examina- 
tion, be  admitted  to  the  bar,  provided  the  members  of  the  bar 
of  this  court  are  admitted  to  the  bar  of  the  highest  court  of 
such  State  or  Territory  upon  the  same  terms.  No  student 
shall  be  admitted  until  after  such  examination  and  proof  of  good 
moral  character,  and  that  he  has  studied  at  least  three  years  under 
the  direction  of  some  competent  attorney.  Diligent  study  in  any 
law  school  shall,  to  the  extent  thereof,  be  computed  as  part  of 
said  three  years,  and  an  academic  year  in  such  school  shall  be 
considered  a  year  within  the  meaning  of  the  rule.  (As  amended 
July  1,  1918.) 

2.  Application  for. — Each  applicant  for  admission  to  the  bar 
shall  file  with  the  clerk  such  application  in  writing,  in  which  he 
shall  state,  under  oath  or  affirmation,  his  name,  age,  and  resi- 
dence, and  that  he  is  a  citizen  of  the  United  States  or  a  citizen 
of  one  of  the  insular  possessions  of  the  United  States,  not  owing 
allegiance  to  any  other  sovereignty,  and  if  he  shall  apply  for 
admission  because  he  is  a  member  of  the  bar  of  another  court, 
he  shall  state  the  name  of  such  court,  the  time  of  his  admission 
thereto,  when  and  where  he  studied  law,  and  for  what  length 
of  time;  but  if  not  a  member  of  the  bar  of  any  court,  the  ap- 
plicant shall  state  with  what  attorney,  or  in  what  law  school, 
he  has  studied  law,  and  when  and  for  what  length  of  time  he  has 
so  studied,  and  also  what  law  books  he  has  read.  (As  amended 
July  2,  1918). 


8  LAW  RULES 

3.  Examination  Fees. — Each  applicant  for  admission  to  the 
bar  shall  pay  the  sum  of  ten  dollars  to  the  chairman  or  secretary  of 
the  committee  on  examination  to  be  applied  by  said  committee 
as  it  shall  decide.     (As  amended  May  7,  1919.) 

4.  Oath. — Applicants  upon  being  admitted  to  the  bar  must 
take  the  oath  prescribed  by  section  2 18  of  the  Code. 

5.  Clerk's  Fee. — The  clerk  shall  be  entitled  to  a  fee  of  one 
dollar  for  each  admission  to  the  bar,  and  one  dollar  for  each 
certificate  of  admission. 

SUSPENSION  AND  REMOVAL  OF  ATTORNEYS. 


1.  Causes  for. — Dishonesty,  misconduct  in  office,  conviction 
of  crime  involving  moral  turpitude,  or  unprofessional  conduct 
involving  moral  turpitude,  shall  be  cause  for  suspending  or  re- 
moving any  attorney  from  the  office  of  member  of  the  bar  of  this 
court. 

2.  Committee  on  Grievances. — Whenever  complaint  in  writ- 
ing shall  be  presented  to  this  court  in  general  term,  charging  a 
member  of  the  bar  of  the  court  with  any  of  the  causes  for  suspen- 
sion or  removal,  and  setting  forth  the  facts  upon  which  the- accu- 
sation is  grounded,  such  complaint  shall  be  forthwith  referred  to 
a  standing  committee  of  five  members  of  the  bar  of  the  court 
to  be  known  as  the  committee  on  grievances,  to  be  appointed 
by  the  court,  and  who  shall  serve  for  one  year  and  until  their 
successors  are  appointed;  and  it  shall  be  the  duty  of  said  committee 
forthwith  to  investigate  such  complaint  and  to  report  thereon 
to  the  court,  stating  whether  the  committee  deem  the  facts,  as 
ascertained  by  them,  to  be  insufficient  to  support  such  complaint 
or  deem  it  proper  upon  such  facts  that  the  member  so  charged 
should  be  called  upon  tp  answer. 

3.  Charges  and  Notice. — In  the  latter  event  a  charge  shall  be 
formulated  by  the  committee  and  submitted  with  such  report, 
and  if  the  court  shall  so  order,  shall  be  filed  with  the  clerk  of  the 
court.  Whereupon  the  following  proceedings  shall  be  had:  A 
copy  of  the  charge,  certified  by  the  clerk,  together  with  a  notifica- 


LAW   RULES  9 

tion  that  at  a  time  to  be  designated  therein  the  court  will  proceed 
to  hear  and  determine  the  same,  shall  be  forthwith  served  upon 
such  member  by  the  marshal,  or  otherwise  as  the  court  may- 
direct  in  case  of  the  inability  of  the  marshal  to  serve  the  same. 
Said  committee,  by  one  or  more  of  its  members,  shall  present 
and  prosecute  such  charge,  and  the  same  shall  be  tried.  Upon 
all  hearings  subsequent  to  the  filing  thereof  the  respondent  shall 
be  entitled  to  be  present,  to  be  heard  by  himself  or  counsel,  and 
upon  the  trial  to  present  evidence  in  his  defense. 

If  upon  the  trial  the  court  shall  find  the  respondent  guilty 
of  the  charge,  he  may  be  removed  from  office  and  his  name  stricken 
from  the  roll  of  attorneys  and  counselors  of  the  court,  or  he  may 
be  suspended  from  practice  before  the  court  during  such  time  as 
the  court  may  deem  proper. 

4.  Conduct  in  Judicial  Proceeding — Inquiry. — If,  at  any 
time,  the  conduct  of  a  member  of  the  bar  of  the  court,  in  any 
judicial  proceeding  therein,  with  which  proceeding  such  member 
was  or  is  connected,  as  counsel  or  otherwise,  shall  appear  to  the 
court  at  general  term  or  special  term  to  be  a  proper  subject  of 
inquiry,  then  and  in  such  case,  the  matter  may  be  referred  by  such 
court  to  the  said  committee  on  grievances,  with  directions  to 
investigate  the  same  and  to  report  thereon;  and  if  the  said  com- 
mittee shall  recommend  that  such  member  be  called  upon  to 
answer  in  respect  of  his  said  conduct,  the  committee  shall  formu- 
late against  such  member  such  charge  as  the  circumstances  may 
require  and  submit  the  same  to  the  court  with  their  said  report 
to  be  dealt  with  as  in  section  3  provided. 

5.  Committee  to  Inquire  Into  All  Cases. — It  shall  further- 
more be  the  duty  of  said  committee  to  inquire  into  all  cases  of 
alleged  misconduct  of  members  of  the  bar  which  shall  otherwise 
come  to  their  notice  and  which  if  true  would  constitute  cause  for 
suspension  or  removal  as  above  defined;  and  if  upon  such  inquiry 
the  committee-  shall  in  any  instance  deem  the  case  a  proper  one 
for  action  by  the  court,  the  committee  shall  so  report  to  the  court 
and  shall  formulate  such  charge  of  misbehavior  as  the  circum- 
stances may  require,  and  submit  the  same  to  the  court  with  their 
report,  to  be  dealt  with  as  in  section  3  provided. 


10  LAW   RULES 

6.  Failure  of  Service. — If  service  can  not  be  had  upon  an 
accused  member  of  the  bar  of  a  charge  preferred  against  him 
under  the  provisions  of  the  foregoing  sections,  the  court  may  in 
its  discretion  order  that  such  member  shall  be  suspended  from 
practice  until  such  service  shall  be  had,  and  in  the  meantime  no 
paper  signed  by  him  as  attorney  and  relating  to  any  legal  pro- 
ceeding in  the  court  shall  be  recorded  or  filed  in  the  clerk's  office. 

7.  Prosecution  Reserved  to  Court. — Nothing  herein  shall 
be  construed  to  deprive  the  court  of  power  upon  its  own  initiative 
to  direct  the  preferring  of  charges  against  a  member  of  the  bar 
and  the  trial  thereof,  or  of  the  power  to  appoint  prosecutors  to 
present  and  prosecute  the  same,  or  to  deprive  the  court  of  any 
other  power  in  the  premises  which  it  may  possess. 

BONDS  AND  UNDERTAKINGS. 
7 
1.  Approval  and  Notice. — In  all  cases  where  a  bond,  under- 
taking or  security  with  surety  is  required  by  law  or  rule  of  court 
to  be  executed  and  to  be  approved  by  the  court  or  by  one  of  the 
justices  or  the  clerk  thereof  and  filed  in  order  to  suspend  the  entry 
of  judgment,  or  to  act  as  a  supersedeas,  or  to  discharge  any  me- 
chanic's lien,  or  any  property  held  under  any  process  of  attach- 
ment, replevin,  or  any  other  judicial  process,  such  approval  shall 
not  be  made  except  upon  two  days'  notice,  in  writing,  to  the 
opposite  party   in  interest  or  his   attorney,    of  the   application 
therefor  or  the  written  waiver  of  such  notice,  and  without  such 
notice   or   waiver  such   approval  shall  not  be  operative.     Such 
notice  shall  contain  the  name  and  address  of  the  proposed  surety. 
If  the  surety  be  a  corporation  holding  a  certificate  of  authority 
from  the  Secretary  of  the  Treasury  to  do  business  within  the 
District  of  Columbia,  and  having  a  process  agent  in  said  District, 
the  notice  hereinbefore  mentioned  shall  not  be  required;  but  in 
lieu  thereof,  there  shall  accompany  the  signature  of  such  corporation 
a  certificate  of  the  Clerk  of  the  Supreme  Court  of  the  District, 
that  said  corporation  has  the  authority  and  agent  above  men- 
tioned. 

Sureties  shall  not  be  named  in  the  alternative. 

2.  Insufficient  Security. — The  court,  on  being  satisfied  that 
the  security  in  any  bond  or  undertaking  shall  have   become   in- 


LAW  RULES  1 1 

sufficient  since  the  approval  thereof,  may  pass  an  order  requiring 
such  further  security  within  a  specified  time  as  it  may  deem  proper 
and  in  default  of  compliance  with  said  order  such  action  may 
be  had  and  such  proceedings  taken  as  if  such  original  bond  or 
undertaking  had  never  been  filed,  or  the  court  may  pass  such 
further  order  in  the  premises  as  justice  may  require. 

3.  Members  of  Bar  and  Officers  of  Court. — No  member  of 
the  bar  in  active  practice  or  other  officer  of  the  court  shall  be 
accepted  as  a  surety  upon  any  bond  or  undertaking  requiring  the 
approval  of  the  court  or  the  clerk. 

HOLIDAYS  AND  SUNDAYS. 
8 

1.  When  time  is  limited,  either  by  these  rules,  or  by  order  of 
court,  Sundays  and  legal  holidays  shall  be  excluded,  unless  other- 
wise expressly  stated.  Saturday  half-holidays  shall  not  be  counted 
in  such  excluded  days. 

2.  Computation  OF  Time. — The  day  on  which  any  rule,  order, 
writ,  notice,  or  paper  shall  be  entered  or  served,  shall  be  excluded 
in  computing  the  time  for  compliance  therewith;  and  the  day  on 
which  a  compliance  therewith  is  required  shall  be  included. 

ATTACHMENT. 
9 

1.  Plaintiff's  Affidavit. — The  affidavit  on  behalf  of  plain- 
tiff, prescribed  by  section  445  of  the  Code,  shall  be  in  the  follow- 
ng  or  equivalent  form : 

Personally  appeared  before  me ,  who  first  being 

duly  sworn,  upon  his  oath  declares  and  says:   that  he  is  plaintiff  named  in  the 

declaration  filed  (herewith)  in  said  court,  on  the  day  of  

19 — ,    wherein   —   plaintiff — ,   and   defendant — ,   that    he 

knows  that  the  said  defendant — ,  in  said  declaration  named and 

further,  that  the  plaintiff —  ha —  a  just  right  to  recover  against  the  said  de- 
fendant—  what —  he —  claim —  in  the  declaration  filed  as  aforesaid,  viz:    the 

sum  with  interest  for as  per  bill  of  particulars 

with  said  declaration  filed. 


Subscribed  and  sworn  to  before  me  this day  of  ■ 

A.  D.  19—. 


12  LAW  RULES 

2.  Supporting  Affidavit. — The  supporting  affidavit  pre- 
scribed by  section  445  of  the  Code  shall  be  in  the  following  or 
equivalent   form: 

Personally  appeared  before  me who,  first  being 

duly  sworn,  on  his  oath  declares  and  says:  that  he  makes  this  affidavit  as  a  wit- 
ness for  the  plaintiff — ,  in  the  declaration  filed  (herewith)  in  said  court,  on 

the day ,  19 — ,  wherein  plaintiff — , 

and defendant — ,  and  in  support  of  the  affidavit  of 

filed  herewith ;  that  he  knows  that  the  said  defendant -and, 

further,  that  he  is  acquainted  with  the  business  relations  of  the  said  plaintiff — 
and  defendant —  and  knows  that  the  said  plaintiff —  ha —  a  just  right  to  recover 
against  the  said  defendant —  what —  he —  claim —  in  the  declaration  filed  as 

aforesaid,  viz:  the  sum  of with  interest for — 

as  per  bill  of  particulars  with  said  declaration  filed. 


Subscribed  and  sworn  to  before  me  this day  of- 

19—. 


3.  Form  of  Bond. — The  bond  prescribed  by  section  445  of  the 
Code  shall  be  in  the  following  or  equivalent  form : 

Know  all  Men  by  these  Presents,  That  we ■ ,  as 

principal — ,  and  ,  as  suret — ,  are   held  and  firmly 

bound  unto  the  above-named in  the  full  sum  of 

dollars  to  be  paid  to  the  said executors,  administrators, 

successors,  or  assigns.  To  which  payment,  well  and  truly  to  be  made,  we 
bind  ourselves,  and  each  of  us,  jointly  and  severally,  and  our  and  each  of  our 
heirs,   executors,   administrators,   successors,   and   assigns,   firmly   by   these 

presents.     Sealed  with  our  seals,  and  dated  this day  of , 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and . 

Whereas,  the  above-named  has  sued  out  a  writ  of 

attachment  against  the  lands  and  tenements,  goods,  chattels,  and  credits  of  the 
said  defendant  found  in  the  District  of  Columbia. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  That  if 
the  above-named  shall  make  good  to  the  said  de- 
fendant all  costs  and  damages  which  he  may  sustain  by  reason  of  the  wrong- 
ful suing  out  of  said  attachment,  then  this  obligation  shall  be  void;  otherwise 
the  same  shall  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  presence  of — 

(seal.) 

(seal.) 

Approved  the day  of ,  19 — . 

,  Clerk. 

By  ,  Assistant  Clerk. 


LAW   RULES  13 

4.  Form  of  Writ. — The  writ  of  attachment  and  garnishment, 
and  notice,  shall  be  in  the  following  or  equivalent  form : 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are  hereby  commanded  to  attach,  seize  and  take  into  your  custody 
the  defendant —  land  and  tenements,  property,  and  credits  which  shall  be 

found  in  this  District,  to  the  value  of  $ ,  with  interest , 

being  the  amount  of  the  plaintiff —  demand  against  the  defendant — ,  as  shown 
by —  h —  affidavit — duly  supported  and  filed,  and  claimed  in —  h —  declaration ; 

and  the  further  sum  of  $ ,  for  the  costs  and  charges  which  may  accrue  in 

the  premises;  and  the  same,  so  attached,  safely  keep,  subject  to  the  orders 
of  the  court,  unless  the  defendant —  or  the  person  in  whose  possession  the 
property  is  attached,  deliver  to  you,  to  be  filed  herewith,  his  undertaking, 
with  sufficient  surety  or  sureties,  to  abide  by  and  perform  the  judgment  of  the 
court  in  relation  to  said  property.  And  should  you  attach  the  defendant — 
property  or  credits  in  the  possession  of  any  other  person  or  persons  than  the 
defendant — you  shall  notify  such  person  or  persons  of  such  seizure  by  virtue 
of  this  writ  of  attachment,  and  serve  a  notice  upon — h —  or  them,  as  well  as 
on  said  defendant—,  to  appear  in  said  court  on  or  before  the  twentieth  day, 
exclusive  of  Sundays  and  legal  holidays,  occurring  after  the  service  of  said 
notice,  to  show  cause,  if  any  there  be,  why  the  property  or  credits  so  attached 
should  not  be  condemned  and  execution  thereof  had. 

Witness,   The  Honorable  ,   Chief  Justice   of  said  court,. 

the day  of ,  A.  D.  19—. 

,   Clerk. 


By ,  Assistant  Clerk. 


NOTICE. 

,  19— 

To — ,  Defendant — , 

,  Garnishee — . 

You  are  hereby  notified  to  appear  in  the  Supreme  Court  of  the  District  of 
Columbia  on  or  before  the  twentieth  day,  exclusive  of  Sundays  and  legal 
holidays,  after  service  hereof,  and  show  cause,  if  any  there  be,  why  the  property 
or  credits  of  the  said  defendant — ,  seized  by  virtue  of  the  foregoing  writ  of 

attachment  in  the  hands  of ,  Garnishee — ,  (of  which  seizure 

the  said  garnishee  is  hereby  notified),  should  not  be  condemned  and  exe- 
cution thereof  had. 


U.  S.  Marshal. 


14  LAW    RULES 

5.  Interrogatories. — The  notice  to  the  garnishee  to  answer 
interrogatories  shall  be  in  the  following  or  equivalent  form,  and 
the  interrogatories  to  be  answered  may  be  to  the  following  effect: 

NOTICE. 

To ,  Garnishee: 

You  are  required  to  answer  the  following  interrogatories  under  oath,  within 
ten  days  after  service  hereof.  And  should  you  neglect  or  refuse  so  to  do, 
judgment  may  be  entered  against  you  for  an  amount  sufficient  to  pay  the 
plaintiff's  claim,  with  interest  and  costs  of  suit. 


Attorney  for  Plaintiff — . 


INTERROGATORIES. 

1.  Were  you,  at  the  time  of  the  service  of  the  annexed  writ  of  attachment, 
or  have  you  been,  between  the  time  of  such  service  and  the  filing  of  your 
answer  to  this  interrogatory,  indebted  to  the  defendant — ?  If  so,  how,  and 
in  what  amount? 

Answer: . 

2.  Had  you,  at  the  time  of  the  service  of  the  annexed  writ  of  attachment, 
or  have  you  had,  between  the  time  of  such  service  and  the  filing  of  your  answer 
to  this  interrogatory,  any  goods,  chattels,  or  credits  of  the  defendant —  in  your 
possession  or  charge?     If  so,  what? 

Answer: . 

And  such  other  interrogatories  as  the  plaintiff  may  think 
proper  to  propound. 

GARNISHEE'S  ANSWER,  ISSUE  ON. 

10 

After  the  filing  of  the  answer  of  a  garnishee,  he  may  give  notice- 
thereof  to  the  party  at  whose  instance  the  garnishment  was  issued, 
and  if  such  party  shall  not  join  issue  thereon  within  ten  days  after 
such  notice,  the  garnishee  shall  be  entitled  as  of  course  to  judg- 
ment in  accordance  with  his  answer,  unless  the  time  shall  be 
extended  by  the  court. 

ATTACHMENT  FOR  RENT. 
11 

Form  of  Writ. — The  writ  of  attachment  for  rent  shall  be  in 
the  following  or  equivalent  form: 


LAW   RULES  15 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are  hereby  commanded  to  attach,  seize,  and  take  into  your  custody 
such  of  the  defendant's  personal  chattels,  on  the  premises  occupied  by  him 
as  tenant  of  the  plaintiff  in  this  District,  as  are  subject  to  plaintiff's  lien  for 

rent,  to  the  value  of dollars  ($ ),  the  amount  of  the  plaintiff's 

lien  against  the  defendant  for  rent,  as  shown  by  the  plaintiff's  affidavit  duly 
filed  in  the  cause  and  as  claimed  in  his  declaration,  and  return  this  writ  into 
the  clerk's  office  of  said  court  immediately,  so  indorsed  as  to  show  when  and 
how  you  have  executed  the  same. 

Witness  the  Honorable  -       ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 

,  Clerk. 

By  ,  Assistant  Clerk. 

REPLEVIN. 
12 

1.  Form  of  Undertaking.— The  undertaking  required  by  sec- 
tion 1552  of  the  Code  shall  be  in  the  following  or  equivalent 
form: 

Whereas,  the  plaintiff about  to  sue  out  a  writ  of  replevin  against 

the  defendant — ,  in  this  action;   therefore, 

The  said  plaintiff—,  and ,  suret — ,  appearing,  and 

submitting  to  the  jurisdiction  of  the  Supreme  Court  of  the  District  of  Colum- 
bia, hereby  undertake  for  themselves,  and  each  of  them,  their  and  each  of  their 
heirs,  executors,  and  administrators,  successors,  or  assigns,  to  abide  by  and 
perform  the  judgment  of  said  court  in  the  premises,  which  judgment  may  be 
rendered  against  all  the  parties  whose  names  are  hereto  subscribed. 

Signed  this day  of A.  D.  19—. 


Approved: ,  19 — . 

,   Clerk. 

By  ,  Assistant  Clerk. 

2.  Form  of  Writ. — Upon  fding  the  declaration  in»replevin 
and  said  undertaking  the  clerk  shall  issue  a  writ  of  replevin  in 
the  following  or  equivalent  form: 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

The  plaintiff  in  this  action  having  entered  into  an  undertaking,  with  surety 
as  required  by  law,  you  are  hereby  commanded  to  take  the  goods  and  chattels 


16  LAW  RULES 

claimed  by  the  plaintiff,  to  wit  [describe  them],  from  the  defendant,  and 
deliver  the  same  to  the  plaintiff.  And  warn  the  defendant  to  appear  in  said 
court  on  or  before  the  twentieth  day,  exclusive  of  Sundays  and  legal  holidays, 
occurring  after  the  day  of  the  service  of  this  writ,  and  answer  said  action; 
and  that  if  he  make  default  in  so  doing  the  plaintiff  may  proceed  to  judgment 
and  execution. 

Witness  the  Honorable ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 


,   Clerk. 

By  ,  Assistant  Clerk. 

3.  Marshal  to  Retain  Property  Three  Days. — Property- 
taken  by  the  marshal  or  coroner  under  a  writ  of  replevin  shall 
be  retained  by  him  for  three  days  before  delivering  the  same  to 
the  plaintiff,  in  order  that  the  defendant  may  make  either  of  the 
motions,  or  serve  notice  thereof  as  provided  in  sections  1557  and 
1558  of  the  Code,  and  until,  and  in  accordance  with,  the  dis- 
position by  the  court  of  any  motion  so  made. 

4.  Defendant's  Undertaking,  Form  of. — The  undertaking  of 
the  defendant  provided  for  in  section  1557  of  the  Code  shall  be 
in  the  following  or  equivalent  form: 

Whereas,  the  goods  and  chattels  seized  by  the  marshal  under  the  writ  of 
replevin  herein  are  to  be  delivered  to  the  defendant —  upon  the  approval 
hereof,  therefore, 

The  defendant ,  and  ,  suret — ,  appearing,  and, 

submitting  to  the  jurisdiction  of  the  Supreme  Court  of  the  District  of  Colum- 
bia, hereby  undertake  for  themselves,  and  each  of  them,  their  and  each  of 
their  heirs,  executors,  and  administrators,  successors,  or  assigns,  to  abide  by 
and  perform  the  judgment  of  said  court  in  the  premises,  which  judgment  may 
be  rendered  against  all  the  parties  whose  names  are  hereto  subscribed. 

Signed  this day  of ,  A.  D.  19 — . 


Approved:      ■ ,  19 — . 

,  Clerk. 

By  ,  Assistant  Clerk. 

5.  Writ  of  Retorno  Habendo. — In  replevin,  if  the  judgment 
be  that  the  plaintiff  return  the  chattel  or  chattels  in  controversy, 
the  following  or  equivalent  shall  be  the  form  of  the  writ: 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are  hereby  commanded  that,  without  delay,  you  cause  to  be  returned 
to  the  defendant  the  same  chattels  which,  by  the  original  writ  of  replevin  in 


LAW   RULES  17 

this  action  you  took  from  him  and  delivered  to  the  plaintiff,  to  wit  [describe 
them],  which  chattels  the   said  defendant  lately,   in  said  court,  recovered 

against  the  said  plaintiff,  together  with  $ damages  and  $ costs 

of  suit;  which  chattels  the  defendant  is  to  hold  irrepleviable  forever. 

And  if  the  said  chattels  be  eloigned  by  the  plaintiff  so  that  they  can  not  be 
found  in  this  District,  you  are  further  commanded  to  make  of  the  goods  and 

chattels,  lands,  and  tenements  of  said  plaintiff  and his  surety,  $ , 

the  amount  adjudged  to  the  defendant  for  the  value  of  the  said  chattels,  and 

$—      —damages  for  the  detention  of  the  same,  and  the  further  sum  of  $ 

for  costs  and  charges  about  said  suit  expended,  as  appears  of  record. 

And  do  you  return  this  writ  into  the  office  of  the  clerk  of  said  court,  so 
indorsed  as  to  show  how  you  have  executed  the  same. 

Witness  the  Honorable ,  Chief  Justice  of  said  courtf 

this day  of ,  A.  D.  19—. 

,     Clerk. 

By ,  Assistant  Clerk. 

CAPTIONS  TO  FORMS  AND  PLEADINGS. 

13 

The  caption  to  forms  and  pleadings  shall  be  in  the  following 
or  equivalent  form : 

IX  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 

A.  B.,  ) 

Plaintiff, 
vs  I  No 

^    t->      /    7  (At  Law. 

C.  D.,  et  al.,  \ 

Defendants.         ) 
Provided  that  the  caption  to  the  first  pleading  in  a  cause  shall 
contain  the  names  of  all  the  parties. 

COMMENCEMENT  OF  SUIT  AND  DEPOSIT  FOR  COSTS. 

14 

1.  Every  action  shall  be  commenced  by  filing  in  the  clerk's 
office  a  libel,  information,  bill,  petition,  or  declaration,  as  the 
case  may  be,  and  in  case  of  appeal  from  or  plea  of  title  before 
the  municipal  court  of  the  District  of  Columbia,  by  filing  the 
papers  and  a  transcript  from  its  docket;  and  in  each  case  the 
plaintiff  or  appellant  shall  make  the  deposit  towards  clerk's  costs, 
required  by  law,  unless  such  deposit  shall  be  dispensed  with  by 
order  of  the  court;  whereupon  the  clerk  shall  immediately 
enter    the    cause    upon    the    proper    docket,    in    order    of    such 


18  LAW   RULES 

filing,  and  number  it  accordingly.  Provided,  that  in  cases  of 
certiorari  from  the  municipal  court  on  the  ground  of  concur- 
rent jurisdiction,  the  petitioner  shall  make  a  deposit  of  ten  dollars 
for  costs  with  the  clerk.  Upon  the  plaintiff's  filing  his  declara- 
tion, as  required  by  section  4  of  rule  21  he  also  shall  be  required 
to  deposit  at  least  ten  dollars. 

2.  Intervenors.- — In  all  cases  where  an  intervening  motion 
or  petition  is  allowed  to  be  filed  in  any  cause  the  intervenor  shall 
make  a  deposit  with  the  clerk  towards  costs,  in  the  discretion  of 
the  clerk. 

3.  Additional  Deposit. — Whenever  the  deposit  toward  costs 
has  been  exhausted,  the  clerk  may  demand  a  reasonable  addi- 
tional deposit  and  may  decline  to  perform  any  further  service  in 
the  cause  until  such  demand  is  complied  with. 

COSTS. 

15 

Non-Pv'Esident  Plaintiff — Form  of  Undertaking. — The  un- 
dertaking prescribed  by  section  175  of  the  Code  shall  be  in  the 
following  or  equivalent  form : 

The  plaintiff — ,  and  ,   his  suret ,   appearing 

and  submitting  to  the  jurisdiction  of  the  court,  hereby  undertake  for  them- 
selves and  each  of  them,  their  and  each  of  their  heirs,  executors,  administra- 
tors, successors,  and  assigns,  to  make  good  all  costs  and  charges  that  the 
defendant  may  be  put  to  in  case  judgment  be  given  against  the  plaintiff;  and 
they  further  agree  that  such  judgment  against  the  plaintiff  may  be  rendered 
against  all  the  parties  .whose  names  are  hereto  affixed. 


Approved, ,  19 — . 

,  Clerk. 

16 

Recovery  Less  Than  Court's  Jurisdiction. — If  the  declara- 
tion state  a  cause  of  action  of  which  the  court  has  jurisdiction, 
but  the  verdict  find  the  money  payable  by  the  defendant  to  the 
plaintiff  to  be  less  than  the  lowest  sum  of  which  the  court  has 


LAW    RULES  19 

jurisdiction,  the  plaintiff  shall  have  judgment  for  the  amount 
found  due  to  him  from  the  defendant,  and  the  costs  may  be  as 
the  court  shall  order. 

MUNICIPAL  COURT  CAUSES. 
17 

1.  Appeal  Calendar. — Causes  appealed  from  the  municipal 
court  shall,  as  soon  as  docketed,  and  causes  brought  up  from 
said  court  on  certiorari  shall,  as  soon  as  at  issue,  be  entered  by 
the  clerk,  for  trial,  on  a  separate  calendar  to  be  designated  the 
appeal  calendar. 

2.  Summons  to  Appellee. — The  summons  prescribed  by  sec- 
tion 75  of  the  Code  shall  be  in  the  following  or  equivalent  form: 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 

A.  B.,  Plaintiff,  Appell ,   1  No. . 

vs.  \  At  Law. 

CD.,  Defendant,  Appell .    ) 

The  President  of  the   United  States  to  the  appellee,  greeting: 

The  appellant  having  docketed  an  appeal  in  the  supreme  court  of  the  Dis- 
trict of  Columbia,  from  the  judgment  of  the  municipal  court  of  the  District 
of  Columbia;    therefore, 

You  are  Hereby  Summoned  to  appear  in  said  court,  on  or  before  the  tenth 
day,  exclusive  of  Sundays  and  legal  holidays,  after  the  service  of  this  writ  on 
you,  and  show  cause  why  the  said  appellant  should  not  have  judgment  against 
you  therein. 

Witness  the  Honorable  ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 

,   Clerk. 

,  Attorney.  By  ,  Assistant  Clerk. 

18 

Failure  of  Appellant  to  Pay  Marshal's  I'ee. — If  the  ap- 
pellant shall  neglect  to  pay  the  marshal's  fee  for  serving  such 
summons,  then  the  marshal  shall  return  the  summons  "Not 
served  because  fee  not  paid,"  and  thereupon,  on  motion,  the 
court  may  dismiss  said  appeal. 

LANDLORD  AND  TENANT. 

19 

1.  Summary  Judgment  on  Affidavit. — Within  ten  days  after 
the  docketing  of  an  appeal  from  a  judgment  of  the  municipal 
court  in  a  landlord  and  tenant  proceeding  and  the  service  of  the 


20  LAW   RULES 

summons  upon  the  appellee  or  the  entering  of  his  appearance 
in  the  cause,  the  plaintiff  or  his  agent  may  file  an  affidavit  setting 
out  the  grounds  upon  which  he  claims  possession  of  the  premises 
described  in  the  complaint.  A  copy  of  such  affidavit  shall  be 
served  upon  the  defendant  or  his  attorney  of  record  and  the  plain- 
tiff shall  be  entitled  to  a  judgment  against  the  defendant  for 
possession  of  the  property  described  in  the  complaint  and  costs 
unless  the  defendant  shall  within  ten  days  after  service  of  copy 
of  said  affidavit  file  an  affidavit  of  defense  denying  the  right  of 
the  plaintiff  to  the  possession  of  the  property  in  question  and 
specifically  stating  in  precise  and  distinct  terms  the  grounds  of 
his  defense,  which  must  b,e  such  as  would,  if  true,  be  sufficient 
to  defeat  plaintiff's  recovery. 

2.  Claim  for  Rent  and  Damages. — The  plaintiff  or  his  agent 
may  also  in  said  affidavit  set  out  distinctly  his  claim  for  such 
arrears  of  rent,  if  any,  as  was  claimed  before  the  municipal  court, 
and  for  intervening  damages  to  the  leased  property  and  com- 
pensation for  the  use  and  occupation  thereof  from  the  date  of  the 
judgment  appealed  from  to  the  date  of  the  judgment  of  the 
circuit  court,  and  he  shall  be  entitled  to  a  judgment  against 
the  defendant  for  the  amount  or  amounts  so  claimed,  together 
with  the  intervening  damages,  accrued  from  the  date  of  the 
filing  of  said  affidavit  to  the  day  of  the  entry  of  judgment,  unless 
the  defendant  shall  in  his  affidavit  of  defense  specifically  state 
in  precise  and  distinct  terms  the  ground  of  his  defense  thereto, 
which  must  be  such  as  would,  if  true,  be  sufficient  to  defeat  plain- 
tiff's claim  in  whole  or  in  part.  If  the  affidavit  of  the  defendant 
denies  only  a  part  of  plaintiff's  claim,  the  plaintiff  may  elect  to 
take  judgment  for  the  part  not  denied  by  the  defendant's  affidavit. 

3.  When  Corporation  Defendant. — When  the  defendant  is 
a  corporation,  the  affidavit  of  defense  may  be  made  by  its  officer, 
agent,  or  attorney. 

PLEA  OF  TITLE. 
20 

1.  Rules  Applicable. — A  cause  certified  to  this  court  by  the 
municipal  court  on  plea  of  title,  shall  be  entered  by  the  clerk, 
for  trial,  on  the  appeal  calendar,  immediately  on  being  docketed, 


LAW   RULES  21 

and  the  further  proceedings  therein  shall  be  governed  by  the 
provisions  of  the  Code,  this  rule,  and  the  rules  and  practice 
relating  to  appeals  from  the  municipal  court. 

2.  Failure  to  Docket. — If  the  plaintiff  fail  to  make  the  de- 
posit for  costs  or  to  obtain  leave  to  docket  without  such  deposit, 
within  ten  days  after  the  approval  by  the  municipal  court  of 
the  undertaking  required  by  section  23  of  the  Code,  the  defendant 
may  make  the  deposit  or  obtain  such  leave  and  have  the  cause 
dismissed,  or  he  may  have  a  trial  of  the  cause  upon  its  merits. 

3.  Summons. — No  summons  or  other  process  shall  be  neces- 
sary to  require  the  appearance  of  either  the  plaintiff  or  defendant. 

CERTIORARI  FROM  MUNICIPAL  COURT. 

21 

1.  Petition  and  Affidavit. — In  order  to  remove  a  cause 
from  the  municipal  court  on  the  ground  of  concurrent  juris- 
diction, for  trial  in  the  Supreme  Court  of  the  District  of  Co- 
lumbia, under  the  provisions  of  section  8  of  the  Code,  the  pe- 
titioner therefor  shall  present  and  file  with  the  petition  his  affi- 
davit, stating  that  his  application  is  not  for  the  purpose  of  delay, 
and  that  he  believes  that  he  has  a  just  and  meritorious  defense 
to  the  plaintiff's  claim,  either  in  whole  or  in  part,  and  if  to  a 
part,  then  stating  to  what  part  thereof.  When  a  writ  of  cer- 
tiorari issues  upon  such  application  written  notice  to  that  effect, 
accompanied  by  a  copy  of  the  petition  for  said  writ,  shall  be 
served  upon  the  opposite  party,  or  upon  his  attorney  in  the 
cause,  within  five  days  from  the  grant  thereof.  (As  amended 
November  14,  1918.) 

2.  Municipal  Court  Not  to  Be  Made  Party. — In  no  case 
removed  by  certiorari  from  the  municipal  court  under  the  pro- 
visions of  section  8  of  the  Code  shall  such  municipal  court  be  made 
a  party  defendant. 

3.  Fee  for  Municipal  Court. — It  shall  be  the  duty  of  the 
petitioner  for  a  writ  of  certiorari,  under  section  8  of  the  Code, 
to  pay  to  the  marshal  the  sum  of  fifty  cents,  to  be  paid  to  the 
municipal  court  as  a  fee  for  certifying  the  case  to  the  Supreme 
Court  of  the  District  of  Columbia.  In  the  event  this  fee  shall  not 
be  paid  to  the  marshal  as  aforesaid,  he  shall  return  the  writ 
"Not  served  because  municipal  court's  fee  not  paid." 


{ 


22  LAW   RULES 

4.  Declaration,  Affidavit  and  Defense. — Within  ten  days 
after  the  return  of  the  municipal  court  to  a  writ  of  certiorari, 
issued  on  the  ground  of  concurrent  jurisdiction,  has  been  filed 
in  the  clerk's  office,  the  plaintiff  shall  file  a  declaration  upon  his 
cause  of  action  in  such  form  as  he  may  be  advised,  and  in  any 
action  arising  ex  contractu,  may  with  said  declaration  file  an 
affidavit  setting  out  distinctly  his  cause  of  action  and  the  sum 
he  claims  to  be  due,  exclusive  of  all  set-offs  and  just  grounds  of 
defense.  A  copy  of  such  declaration  and  affidavit  shall  be  served 
upon  the  attorney  of  record  for  the  defendant  and  the  plaintiff 
shall  be  entitled  to  a  judgment  for  the  amount  so  claimed,  with 
interest  and  costs,  unless  the  defendant  shall  within  ten  days 
after  service  of  copies  of  the  declaration  and  affidavit,  file  such 
pleading  or  pleadings  as  he  may  be  advised,  which,  if  in  bar,  shall 
be  accompanied  by  such  an  affidavit  of  defense  as  is  required  by 
rule  73,  all  the  provisions  of  which  rule,  so  far  as  applicable,  are 
hereby  made  part  of  this  section. 

SPECIAL   REMEDIAL  WRITS. 
22 

1.  Petition  to  Be  Verified. — Motions  or  applications  for 
special  remedial  writs,  such  as  writs  of  quo  warranto,  manda- 
mus, certiorari,  supersedeas,  etc.,  shall  be  heard  by  the  circuit 
or  criminal  court,  or  before  one  of  the  justices  at  chambers,  but 
not  until  a  petition,  verified  by  affidavit,  which  shall  be  made  by 
the  applicant  in  cases  of  quo  warranto  and  mandamus,  and  stating 
the  grounds  of  the  application,  has  been  filed  and  docketed. 

2.  Motion  to  Quash. — Motions  to  quash,  set  aside,  or  dis- 
solve any  of  said  writs  may  be  heard  in  the  same  manner. 

STIPULATIONS. 
23 
All  stipulations  and  agreements  in   a  cause  shall  be  invalid, 
unless  the  same  be  reduced  to  writing,  and  signed  by  the  parties 
thereto  or  their  counsel. 

SERVICE  OF  PROCESS  AND  RETURN. 

24 

1.  Copy  of  Declaration  and  Affidavit  with  Writ. — Every 
writ  issued  out  of  the  clerk's  office  to  require  the  defendant's 


LAW   RULES  23 

appearance  to  answer  to  an  action  at  law  shall  be  accompanied 
with  a  copy  of  the  declaration  and  affidavit,  if  any,  and  of  any 
notice  thereto  subscribed;  and  the  defendant  shall  be  served 
with  said  copies,  and  the  return  shall  show  the  fact. 

2.  Summons,  When  Returnable. — The  summons  mentioned 
in  section  1536  of  the  Code,  if  served,  shall  be  returned  into  the 
clerk's  office  on  or  before  the  twentieth  day,  occurring  after 
service  thereof,  and  if  the  defendant  can  not  be  found  shall  be 
returned  on  the  twentieth  day,  after  the  day  of  the  issuing  thereof. 

If  one  or  more  of  several  defendants  be  served,  said  writ  shall 
be  returned  as  to  the  parties  so  served,  as  above  directed. 

3.  Service  by  Publication. — All  notices  which  relate  to  pro- 
ceedings in  the  Supreme  Court  of  the  District  of  Columbia,  the 
publication  of  which  is  required  by  law  or  by  these  rules,  or  any 
order  of  court,  shall  be  published  in  the  Washington  Law  Re- 
porter, during  the  time  required  by  law,  in  addition  to  such  other 
papers  as  may  be  specially  ordered  or  which  may  be  selected  by 
the  parties. 

4.  Proof  of  Publication. — The  proof  of  publication  shall  be 
by  affidavit  of  the  publisher,  editor,  agent,  manager,  or  super- 
intendent of  the  paper,  accompanied  by  a  copy  of  the  order  as 
published,  which  affidavit  shall  state  how  many  and  at  what 
times  the  order  was  published  in  the  paper. 

COPIES  TO  BE  SERVED. 
25 
A  copy  of  every  pleading  at  law  or  in  equity  subsequent  to  the 
original  declaration  or  bill,  and  of  every  motion  or  petition  not 
grantable  of  course,  exception  to  any  pleading  or  auditor's  report, 
and  of  every  affidavit,  shall  be  served  within  two  days  after  the 
filing  thereof,  unless  otherwise  ordered,  upon  each  opposite  party 
affected  thereby  whose  appearance  is  entered  in  the  cause,  or 
upon  his  attorney  of  record. 

PLEADING. 
26 

1.  Brevity  Required.— Prolixity  and  unnecessary  verbiage 
shall  be  avoided  in  all  pleadings. 

2.  Signature. — Every  pleading  shall  be  signed  by  the  party 
or  his  attorney. 


24  LAW   RULES 

3.  Written  or  Printed  and  Endorsed. — All  papers  offered 
for  filing  shall  be  fairly  and  legibly  written  or  printed  in  the 
English  language  and  endorsed  with  the  number  and  title  of  the 
cause,  and  an  appropriate  designation;  otherwise  the  clerk  may 
refuse  to  file  the  same. 

4.  Prayer  for  Judgment — No  formal  conclusion  or  prayer 
for  judgment  shall  be  necessary  in  any  pleading. 

5.  Notice  to  Plead. — No  notice  or  rule  to  plead  or  demand 
of  plea  shall  be  necessary. 

6.  Additional  Time  to  Plead. — Upon  application  of  either 
party,  for  cause  shown,  the  court  may  enlarge  the  time  for  plead- 
ing, or  may  excuse  failure  to  plead  within  the  time  prescribed. 

DECLARATION. 
27 

1.  Shall  State  What — The  declaration  shall  state  only  the 
facts  necessary  to  constitute  the  cause  of  action. 

2.  Commencement  and  Conclusion. 

The  plaintiff  sues  the  defendant  for  —  [here  state  the  cause  of  action,  and 
conclude  as  follows  or  to  the  like  effect]: 

And  the  plaintiff  claims  $ ,  with  interest  thereon  from  the day 

of ,  19 — ,  besides  costs. 

[  Or,  if  the  action  is  in  replevin  as  in  section  1550  of  the  Code.  ] 

If  the  cause  of  action  accrue  to  or  against  the  parties  in  some  special  char- 
acter— for  example,  as  executor,  or  administrator,  or  trustee,  or  assignee 
in  bankruptcy,  or  otherwise,  or  as  a  corporation,  partners,  or  surviving 
partner,  or  as  husband  and  wife — it  will  promote  brevity  and  clearness  to 
state  such  character  in  the  title  of  the  cause,  thus: 

A.  B..  EXECUTOR  OF ,  DECEASED,  PLAINTIFF,  ] 

v.  No. . 

C.  D.,  ADMINISTRATOR  OF ,  DECEASED,  DEFENDANT.  J  At  Law. 

The  plaintiff  sues  the  defendant  for  — -  [state  the  cause  of  action,  and  con- 
clude as  above]. 

3.  Money  Counts  Combined. — The  money  counts  may  be 

combined  in  a  single  count,  thus: 

1.  For  money  payable  by  the  defendant  to  the  plaintiff  for  goods  sold  and 
delivered  by  the  plaintiff  to  the  defendant;  and  for  work  done  and  material 
provided  by  the  plaintiff  for  the  defendant  at  his  request;  and  for  money  lent 
by  the  plaintiff  to  the  defendant;  and  for  money  paid  by  the  plaintiff  for  the 
defendant  at  his  request;  and  for  money  received  by  the  defendant  for  the  use 
of  the  plaintiff;  and  for  money  found  to  be  due  from  the  defendant  to  the  plain- 


LAW   RULES  25 

tiff  on  accounts  stated  between  them.     And  the  plaintiff  claims  $ ,  with 

interest  from  the day  of ,  19 — ,  according  to  the  particu- 
lars of  demand  hereto  annexed. 

And  the  plaintiff  may  recover  the  whole  or  any  part  of  his 
claim  on  any  one  of  the  considerations  stated. 

Money  Counts  Separate. — For  goods  bargained  and  sold  by  the  plaintiff 
to  the  defendant. 

For  goods  sold  and  delivered  by  the  plaintiff  to  the  defendant. 

For  money  lent  by  the  plaintiff  to  the  defendant. 

For  money  paid  by  the  plaintiff  for  the  defendant  at  his  request. 

For  money  received  by  the  defendant  for  the  use  of  the  plaintiff. 

For  interest  upon  moneys  due  and  owing  from  the  defendant  to  the  plain- 
tiff, and  for  the  forbearance  of  interest,  by  the  plaintiff  at  the  defendant's 
request,  of  moneys  due  and  owing  him  by  the  plaintiff. 

For  money  found  to  be  due  from  the  defendant  to  the  plaintiff  on  accounts 
stated  between  them. 

4.  On  Bills  and  Notes— See  sections  1205,  1206  and  1207  of 
the  Code. 

Holder  of  note  against  all  the  parties. — That  the  defendant 

[the  maker]  on  the day  of ,    19 — ,  by  his  promissory  note, 

now  overdue,  promised  to  pay  to  the  defendant ,  [payee]  [or 

order  ]   $ months  after  date,  and  the  said  payee  endorsed 

the  said  note  to  the  defendant ■ — ■ — — ,  who  endorsed  it  to  the  defend- 
ant  — — ,  who  endorsed  it  to  the  plaintiff,  and  the  said  note  was  duly 

presented  for  payment  and  was  dishonored,  whereof  each  of  said  endorsers 
had  notice,  but  the  said  defendants  did  not,  nor  did  either  of  them,  pay  the 
same. 

Holder  of  bill  against  all  the  parties. — That ,  on  the 

day  of ,  19 — ,   by  his  bill  of  exchange,  now  overdue,  directed  to 

the  defendant [drawee],  required  him  to  pay  to  the  defendant 

,  [payee]  [or  order]  $ months  after  date,  and 

the  said  [payee]  endorsed  the  said  bill  to ,  who  endorsed  it  to 

,  who  endorsed  it  to  the  plaintiff,  and  the  said  drawee  accepted 

the  said  bill,  which  was  duly  presented  for  payment,  and  was  dishonored 
u  hereof  the  defendants  had  due  notice,  but  did  not  pay  the  same. 

Payee  against  maker  of  note. — That  the  defendant  on  the  day  of 

,   19—,  by  his  promissory  note,  now  overdue,  promised    to    pay 

to  the  plaintiff  $ months  after  date,  but  did  not  pay  the  same. 

The  like  on  note  payable  on  demand. — -That  the  defendant  on  the 


day  of  ,    19 — ,    by  his  promissory  note,  now  overdue,  promised 

to  pay  to  the  plaintiff  $ on  demand,  but  did  not  pay  the  same. 

The  like  on  note  payable  at  a  bank. — That  the  defendant  on  t he daj  of 


26  LAW   RULES 

,  19 — ,  by  his  promissory  note,  now  overdue,  promised  to  pay  to 


the  plaintiff  at bank,  Washington  [as  in  the  note],  $ 

months  after  date,  but  did  not  pay  the  same. 

Endorsee  against  maker  of  note. — That  the  defendant,  on  the day  of 

,  19 — -,  by  his   promissory  note,  now  overdue,  promised  to  pay  to 

,  or  order,  $ months  after  date;    and  the  said 

endorsed  the  same  to  the  plaintiff;   but  the  defendant  did  not 


pay  the  same. 

PLEAS. 
28 

1.  Shall  State  What. — Every  plea  shall  set  forth  the  true 
defense  upon  which  the  defendant  supposes  he  may  defeat  the 
plaintiff's  action.  It  may  deny  all,  or  any  particular  material 
allegation  of  the  declaration,  or  it  may  confess  and  avoid;  and 
so  of  the  replication  to  the  plea. 

2.  Commencement  and  Conclusion. 

1 .  The  defendant  says  [  state  first  defense  or  plea]. 

2.  And  for  a  further  plea  defendant  says  [state  the  second  defense  or  plea}. 

3.  And  for  a  further  plea  defendant  says  [state  the  third  defense  or  plea,  and 
so  on]. 

If  the  plea  is  to  part  only  of  the  declaration,  say — And  for  a  further  plea  to 
[stating  to  what  it  is  pleaded] ,  the  defendant  says. 

Every  second  and  subsequent  defense  or  plea  must  be  written  in  a  separate 
paragraph  and  numbered. 

3.  Order  of. — The  order  of  pleading  shall  be: 

1.  To  the  jurisdiction. 

2.  To  the  disability  of  the  plaintiff — abatement. 

3.  To  the  disability  of  the  defendant — abatement. 

4.  To  the  declaration. 

5.  In  bar. 

4.  In  Abatement — Affidavit. — A  plea  in  abatement  shall 
be  accompanied  by  an  affidavit  of  the  defendant,  his  agent,  or 
attorney  as  to  the  truth  thereof. 

REPLICATION,  REJOINDER,  ETC. 

29 
1.  Time  For. — After  plea  is  filed  and  served,  the  replication, 
rejoinder,  and  so  on  till  issue  is  joined,  shall  each  be  filed  and 
served  within  ten  days  after  the  filing  and  service  of  the  next 


LAW   RULES 


27 


preceding  pleading;  otherwise,  on  motion  and  notice  thereof, 
the  cause  may  be  dismissed  or  judgment  taken  by  default,  ac- 
cording as  the  failure  shall  be  by  the  plaintiff  or  defendant. 

2.  Additional  Replication. — Upon  cause  shown  the  court 
may,  in  its  discretion,  permit  two  or  more  replications  to  be  filed 
to  any  plea. 

3.  Form  Of. — 

The  plaintiff  joins  issue  upon  the  defendant's  [first  plea],  [so  much  of  the 
first  plea  as  alleges  that,  etc. ],  [specifying  what  or  what  part]. 
To  plea  containing  new  matter.     For  example: 

1.  To  plea  of  release. — That  the  alleged  release  is  not  the  plaintiff's  deed 
[was  procured  by  defendant's  fraud]. 

2.  To  plea  of  set-off. — That  the  alleged  set-off  did  not  accrue  within  three 
years  before  this  suit. 

3.  To  plea  of  self-defense. — That  the  plaintiff  was  possessed  of  land  whereon 
the  defendant  was  trespassing  and  doing  damage,  whereupon  the  plaintiff 
requested  the  defendant  to  leave  the  said  land,  which  the  defendant  refused 
to  do,  and  thereupon  the  plaintiff  gently  laid  his  hands  on  the  defendant  in 
order  to  remove  him,  doing  no  more  than  was  necessary  for  that  purpose, 
which  is  the  alleged  first  assault  by  the  plaintiff. 

4.  To  plea  of  right  of  way. — That  the  occupiers  of  the  said  land  did  not  for 
fifteen  years  before  this  suit  enjoy  as  of  right  and  without  interruption  the 
alleged  way. 

5.  Replication  confessing  part  of  a  plea  of  payment. — And  as  to  the  defend- 
ant's second  plea,  except  so  far  as  it  is  pleaded  and  relates  to  the  sum  of  $ — 
parcel  of  the  money  claimed,  the  plaintiff  confesses  and  admits  that  the  de- 
fendant did  satisfy  and  discharge  by  payment,  as  in  the  said  plea  alleged,  the 
plaintiff's  claim  as  to  the  said  sum  of  $ —  — ,  parcel,  etc.,  and  the  plaintiff 
says  that  he  will  not  further  prosecute  his  suit  against  the  defendant  as  to  said 

sum  of  $ ,  parcel,  etc.;   and  as  to  the  residue  of  the  defendant's  second 

plea  the  plaintiff  takes  issue  thereon. 

6.  Replication  admitting  part  of  a  plea  of  set-off. — The  plaintiff  takes  issue 
on  the  defendant's  second  plea,  except  so  far  as  relates  to  the  sum  of  >-  — , 
parcel  of  the  amount  in  which  the  plaintiff  is  therein  alleged  to  be  indebted  to 
the  defendant;  and  as  to  that  plea,  so  far  as  it  relates  to  those  sums,  parcels, 
etc.,  the  plaintiff  admits  that  he  was  and  is  indebted  to  the  defendant  in  the 

sum  of  $ ,  parcel  of  the  money  in  which  he  is,  in  that  plea,  alleged  to  be 

indebted,  and  the  plaintiff  is  willing  to  set  off  the  said  sum  of  $ — ■ —      ,  parcel 

of  the  money  claimed  by  him,  against  the  said  sum  of  $ ,  in  which  he  was 

and  is  so  indebted  to  the  defendant,  and  he  does  set  off  the  same  accordingly, 
and  says  that  he  will  not  further  prosecute  his  claim  or  suit  against  the  defend- 
ant for  or  in  respect  of  the  same. 


•\ 


28  LAW  RULES 

JOINDER  IN  ISSUE. 
30 

The  joinder  in  issue  may  be — 

The  plaintiff  joins  issue  upon  the  defendant's  first  plea. 

The  defendant  joins  issue  upon  the  plaintiff's  replication  to  the 
first  plea. 

And  this  form  of  joinder  shall  be  deemed  to  be  a  denial  of  the 
substance  of  the  pleading  to  which  it  relates  and  an  issue  thereon. 

DEMURRER. 
31 

1.  Form  Of. — The  form  of  a  demurrer  shall  be  as  follows,  or 

to  the  like  effect: 

The  defendant  says  that  the  declaration  (bill,  indictment,  or  other  pleading, 
as  the  case  may  be)  is  bad  in  substance. 

And  in  the  margin  thereof  the  matters  of  law,  intended  to  be 
argued,  shall  be  stated,  and  a  demurrer  without  such  statement, 
or  with  a  frivolous  statement,  may  be  stricken  out,  and  judgment 
entered  or  decree  passed  by  the  court,  except  that  in  a  criminal 
case  leave  to  plead  over  shall  be  granted  as  in  case  of  the  over- 
ruling of  a  demurrer. 

2.  jpiNDLR  in  Not  Necessary. — It  shall  not  be  necessary  to 
file  a  joinder  in  demurrer,  but  the  filing  of  a  demurrer  shall  be 
considered  as  making  an  issue  of  law. 

3.  Special — Motion  in  Lieu  Of. — Defects  in  pleadings  which 
were  the  subject  of  special  demurrer  at  common  law*,  may  be 
taken  advantage  of  by  motion  to  strike  out,  or  other  appropriate 
motion. 

4.  Pleading  Over,  or  Amending. — Unless  otherwise  ordered 
by  the  court,  upon  the  overruling  of  a  demurrer,  the  party  de- 
murring shall  have  ten  days  to  plead  over,  and,  upon  the  sus- 
taining of  a  demurrer  the  opposite  party  shall  have  ten  days  to 
amend. 

PLEA  AFTER  LAST  CONTINUANCE. 

32 

1.  Form  of  and  Affidavit. — If  a  matter  of  defense  has  arisen 
since  the  last  pleading  filed,  the  party  may  plead  the  same  in 
addition  to  his  former  defense,  in  the  following  or  equivalent  form: 


LAW   RULES  29 

The  defendant  says  that  after  the  alleged  claim  accrued,  and  after  the  last 

pleading  in  this  action,  that  is  to  say,  on  the  day  of — ,  19 — , 

the  plaintiff,  by  deed  [or  otherwise  as  the  law  may  permit],  released  the  de- 
fendant from  the  said  alleged  claim. 

Unless  the  court  shall  otherwise  order,  the  plea  must  be  ac- 
companied with  an  affidavit  of  the  truth  of  it,  which  shall  be  in 
the  following  form: 

The  defendant  makes  oath  and  says  that  the  plea  hereunto  annexed  is  true 
in  substance  and  fact. 

2.  Time  to  Reply  to  and  Rejoin. — The  plaintiff  shall  reply 
within  five  days  after  service  of  such  plea;  and  the  defendant 
shall  rejoin  within  two  days  after  service  of  the  replication ;  other- 
wise judgment. 

MOTION  CALENDAR. 
33 

1.  Entry  On. — The  moving  party  shall  enter  on  the  motion 
calendar,  on  the  law  or  equity  side  of  the  court,  as  the  case  may 
be,  all  motions,  demurrers,  hearings  as  to  sufficiency  of  pleas, 
objections  for  want  of  parties,  exceptions  to  answers  or  auditor's 
reports,  and  any  other  interlocutory  matters  requiring  notice  or 
not  grantable  of  course,  giving  title,  attorneys  of  record,  number 
of  cause  and  nature  of  hearing. 

2.  Failure  to  Calendar. — Where  an  attorney  neglects  to 
calendar  any  such  matter  at  the  time  of,  or  within  ten  days  after, 
the  filing  or  notice  thereof,  the  opposing  attorney  may  calendar 
the  same  and  have  it  disposed  of  on  its  merits  or  dismissed  for 
want  of  prosecution. 

3.  Motion  Day. — Such  matters  shall  be  heard  upon  a  special 
day  set  therefor  in  each  week,  designated  as  motion  day,  unless 
a  special  hearing  be  allowed  by  the  court,  or  at  such  other  time 
as  the  court  may  designate. 

The  clerk  shall  enter  upon  the  assignment  for  each  motion 
day  all  such  matters  as  have  been  entered  on  the  motion  calendar 
one  day  prior  thereto. 

4. ^Notice. — Notice  of  such  hearing  with  copies  required  by 
law,  these  rules,  or  order  of  court,  shall  be  served  at  least  two 
days  before  such  hearing. 


30  LAW   RULES 

5.  Form  of  Notice. — Such  notice  when  annexed  to  the  motion, 
demurrer  or  other  paper  to  which  it  relates  shall  be  in  the  follow- 
ing or  equivalent  form: 

A.  B.,  Attorney  for  C.  D. 

Take  notice  that  the  aforegoing  will  be  for  hearing  on  the day  of 

-,  19—. 

E.  F.,  Attorney  for  C.  II. 

Said  notice,  when  not  so  annexed,  shall  be  in  the  following  or 
equivalent   form : 

(Caption.) 
A.  B.,  Attorney  for  CD. 

Take  notice  that  the (motion,  demurrer  or  other  paper) 

filed  in  this  cause  will  be  for  hearing  on  the  day  of ,  19—. 

E.  F.,  Attorney  for  G.  II. 

6.  Causes  Stricken  From. — Any  such  matter  on  the  calendar 
having  been  called  on  two  motion  days  and  not  disposed  of, 
shall  be  stricken  therefrom  unless  otherwise  ordered,  and  no  such 
matter  will  be  entertained  by  the  court  unless  calendared  in 
accordance  with  this  rule,  except  by  special  order  of  court. 

NOTICE  OF  TRIAL. 

34 

After  issue  joined,  and  at  least  twenty  days  before  the  term  of 

court  at   which   the  cause  stands  for  judgment  or  trial,   either 

party  may  give  notice  of  trial  in  the  following  or  equivalent  form: 

Take  notice  that  the  issue  joined  in  this  cause  will  be  tried  at  the  next  term 
of  this  court. 

P.  Q.,  Attorney  for  Plaintiff. 
To  Mr.  P.  D.,  Attorney  for  Defendant. 

As  amended  May  6,  1919. 

35 

Note  of  Issue. — A  party  to  a  cause,  desiring  the  same  to  be 
calendared  for  a  given  term  of  court,  shall  furnish  the  clerk,  at 
least  twenty  days  before  such  term,  a  note  of  issue,  containing — 

1.  The  title  of  the  action,  and 

2.  The  names  of  the  attorneys. 


LAW   RULES  31 

TRIAL  CALENDAR. 

36 

1.  Entry  of  Cause  On. — Upon  the  filing  of  a  note  of  issue 
the  clerk  shall  enter  the  cause  upon  the  trial  calendar.  But  any 
cause  may,  by  consent  of  the  parties  or  their  counsel,  be  placed 
on  the  calendar  at  any  time  before  the  commencement  of  a  term, 
or  afterwards,  with  the  assent  of  the  court,  provided  that  no 
cause  shall  be  placed  on  the  trial  calendar  while  a  demurrer  to 
any  pleading  is  pending. 

2.  Cause,  Not  Tried. — A  cause  placed  on  the  trial  calendar 
shall  remain  thereon  until  tried  or  otherwise  disposed  of. 

3.  Stricken  From  After  Two  Terms. — A  cause  upon  the 
trial  calendar,  regularly  called  for  trial  at  two  terms  of  the  court 
and  not  tried,  or  regularly  continued,  shall  be  stricken  therefrom, 
and  a  record  thereof  kept  in  a  separate  book. 

4.  Restoring  and  Dismissing  Causes. — A  cause  so  stricken 
from  the  calendar  shall  not  be  restored  thereto  except  by  leave 
of  court  upon  motion  in  writing,  and  good  cause  shown  within 
one  year;  and  if  no  such  motion  be  filed  within  said  period,  the 
clerk  shall  then  enter  the  cause  dismissed  for  want  of  prosecution. 

5.  Failure  to  Try  Cause  Restored. — A  cause  so  restored,  if 
not  tried  when  called  for  trial,  shall  be  dismissed  at  the  cost  of 
the  plaintiff,  unless  otherwise  ordered  by  the  court. 

TESTIMONY. 

37 

1.  Spa.  Ad  Test;  Form  Of. — The  writ  of  subpoena  to  a  wit- 
ness shall  be  in  the  following  or  equivalent  form : 

The  President  of  the    United  States  to . 

You  are  hereby  commanded  to  appear  as  witness —  for  the 

before  circuit  court,  division  No.  -       -  (forthwith),  on  the  —        -  day  of 
,  19 — ,  at    10  o'clock  A.  M.  (and  bring  with  you)  


and  not  depart  the  court  without  leave. 

WITNESS:   The  Honorable ,  Chief  Justice  of  said  court,  this 

day  of ,  19—. 

,   Clerk. 

By  ,  Assistant  Clerk 


32 


LAW   RULES 


2.  Subpcena  Duces  Tecum. — No  subpoena  duces  tecum  shall 
be  issued  in  any  cause  without  an  order  of  court. 

3.  Witnesses,  Proof  of  Attendance. — The  proof  of  the  at- 
tendance of  witnesses  may  be  the  certificate  of  the  attorney  of 
record,  or  the  commissioner,  examiner,  or  auditor.  Such  cer- 
tificate, a  blank  form  of  which  shall  be  provided  and  furnished 
by  the  clerk,  may  be  in  the  following  or  equivalent  form: 


I, 


attorney  of  record  (the  commissioner,  examiner, 


auditor,  taking  testimony  in  the  above  entitled  cause),  do  hereby  certify  that 
the  following  named  persons  attended  court,  before  me,  as  witnesses  the  num- 
ber of  days  set  opposite  their  names  on  behalf  of  the  plaintiff,  defendan  t,  to  wit : 


19—. 


Attorney,  Commissioner,  Examiner,  Auditor. 


38 


1.  Commission  to  Take. — All  motions  for  commissions  to 
take  depositions  under  section  1060  of  the  Code  shall  specify 
the  names  and  addresses  of  the  witnesses  whose  testimony  is 
desired. 

2.  On  Interrogatories. — When  testimony  is  to  be  taken  on 
written  interrogatories  and  cross-interrogatories,  such  written 
interrogatories  shall  be  filed  in  the  clerk's  office,  and  a  copy 
thereof  served  upon  the  opposite  party,  at  least  ten  days  before 
the  issue  of  such  commission,  so  that  the  adverse  party  may 
have  opportunity  to  file  cross-interrogatories. 

3.  Carriage  and  Publication  of  Commission.— The  carriage 
of  the  commission  shall  be  intrusted  to  the  party  applying  for 
the  same,  and  he  shall  be  responsible  for  the  return  thereof. 

Immediately  upon  the  filing  in  the  clerk's  office  of  a  deposi- 
tion or  the  return  of  a  commission  to  take  testimony,  publication 
thereof  may  be  made  by  the  clerk. 


LAW   RULES  33 

4.  Form  of  Commission. — The  commission  to  take  deposi- 
tions and  the  return  thereto  of  the  commissioner  shall  be  in  the 
following  or  equivalent  form: 

COMMISSION  TO  TAKE  DEPOSITIONS. 

The  President  of  the   United  States  to ,  greeting: 

You  have  been  duly  appointed  and  you  are  hereby  authorized  at  a  certain 

day  and  place  or  certain  days  and  places  to  be  appointed  by  you,  to  cause 

to  come  before  you  and  then  and  there  examine on  oath 

or  affirmation,  upon  the  interrogatories  and  cross-interrogatories  annexed  to 

this  commission  (or  orally)  as  witness —  for  the in  the  above 

entitled  cause;   to  reduce testimony  to  writing  and  cause  the  same  to 

be  signed  by  said  witness — ;  to  annex  said  testimony  hereto,  close  the  same 
under  your  seal  and  make  return  hereof  unto  this  court  with  all  convenient 
speed. 

Witness  the  Honorable ,  Chief  Justice  of  said  court,  the 

day  of — ,  A.  D.  19—. 

,   Clerk 

By ,  Assistant  Clirk 

COMMISSIONER'S  RETURN. 

I,  ,  the  person  named  as  commissioner  in  the  aforegoing 

commission  upon  oath  depose  and  say  that 

I  shall  according  to  the  best  of  my  skill  and  knowledge,  truly,  faithfully, 
and  without  partiality  to  any  or  either  of  the  parties,  take  the  examinations 
and  depositions  of  every  witness  produced  and  examined  by  virtue  of  the  com- 
mission hereunto  annexed  (orally)  (upon  the  interrogatories  now,  or  which 
may  hereafter,  before  the  said  commission  is  closed,  be,  produced  to  and  left 
with  me,  by  either  of  the  parties),  so  help  me  god. 


Subscribed  and  sworn  to  before  me,  a  ,  in  and  for  the 

County  of  ,  State  of  ,  at  ,  in  said 

County  and   State,  on    the  day  of  ,  A.  D.   19 — ,  by  the 

said ,  the  person  named  as  commissioner  in  the  aforegoing 

commission. 

Witness  my  hand  and  official  seal. 


At  the  execution  of  the  aforegoing  commission  I, ,  the 

commissioner  therein  named  first  duly  took  the  aforegoing  oath  at  the  time 
and  place  and  before  the  officer  as  above  set  forth. 

I  then  proceeded,  on  the day  of ,  in  the  year  of  our  Lord 

nineteen  hundred  and (19 — ),  at  the  office  of in  the  city 

(town)    of ,  and  state  of — ,  at o'clock,  —  M., 


34  LAW   RULES 

under  the  said  commission,  pursuant  to  notice  (and  in  the  presence  of  the 
counsel  of  the  respective  parties),  to  take  the  following  depositions,  that  is 
to  say: 

,  a  witness  of  lawful  age,  produced  on  behalf  of  the 

,  being  by  me  first  duly  sworn  according  to  law,  being  examined 


(orally)  on  the  following  interrogatories  to  him  (her)  propounded  in  that 
behalf,  makes  oath,  deposes,  and  says  as  follows,  that  is  to  say:  (the  counsel 
for  the  parties  having  first  consented  that  the  testimony  taken  under  the  said 
commission  should  be  taken  down  stenographically  and  reduced  to  type- 
writing). 

I  Further  certify  That  then  and  there  at  the  times  and  places  named, 

the  testimony  of  each  of  the  said  witnesses  was  reduced  to writing  (as 

per  agreement  of  counsel)  and  the  testimony  of  each  of  the  said  witnesses  was 

by read  over  and  by signed  in  my  presence,  and  that  I  have 

annexed  to  the  said  testimony  the  commission  to  me  issued,  and  notice  of  the 
taking  of  such  testimony. 

And  I  further  certify  That  my  fees  for  taking  said  testimony  are  $ , 

which  have  been  paid  by  the -,  and  that  I  am  not  of  counsel 

for  either  party  to  this  cause  or  interested  in  the  event  of  the  suit;  and  that  I 
am  now  about  to  close  the  same  with  said  commission  under  my  seal,  and  being 
unable  to  personally  return  the  same  to  the  Supreme  Court  of  the  District  of 
Columbia,  I  shall  now  place  the  said  deposition —  in  a  sealed  envelope  directed 
to  the  clerk  of  said  court  at  Washington,  D.  C,  and  deposit  the  same  with 
postage  prepaid  in  the  United  States  mail. 

Witness  my  hand  and  seal  this day  of ,  A.  D.  19 — . 

[  seal.  ] 

Commissioner  appointed  under  said  commission. 

Note. — The  commissioner  shall  then  annex  the  depositions  and  exhibits 
to  the  commission  by  passing  tape  through  each  paper,  or  otherwise,  carefully 
seal  up  the  whole  in  an  envelope,  write  his  name  across  the  seals,  and  direct 
as  follows:  "To  the  Clerk  of  the  Supreme  Court  of  the  District  of  Columbia, 
Washington,  D.  C."  He  shall  also  endorse  across  the  end  of  the  package 
the  title  and  number  of  the  case,  the  number  of  the  depositions  inclosed,  in 
whose  behalf  taken,  the  amount  of  his  fee  for  taking  the  same,  and  by  whom 
paid. 

39 

Affirmation  in  Lieu  of  Oath — Whenever  under  any  rule  of 
the  Supreme  Court  of  the  District  of  Columbia  an  oath  is  or  may 
be  required  to  be  taken,  the  party  may,  in  lieu  thereof,  if  con- 
scientiously scrupulous  of  taking  an  oath,  make  solemn  affir- 
mation to  the  truth  of  the  facts  stated  by  him. 


LAW   RULES  35 

40 

Issues  of  fact  Agreed — After  return  of  service  of  the  decla- 
ration and  summons,  if  the  parties  are  agreed  as  to  any  fact  in 
the  cause,  they  may  state  the  same  in  writing  for  trial. 

41 

1.  Proof  of  Signature — Proof  of  the  signing  or  endorsing 
of  any  instrument  of  writing  upon  which  recovery  is  sought  in 
any  action  at  law,  or  which  is  pleaded  by  way  of  set-off,  shall  not 
be  required  where  the  fact  of  such  signing  or  endorsing  is  alleged 
in  the  declaration  or  plea  of  set-off,  and  where  such  instrument, 
or  a  copy  thereof,  is  filed  therewith ,  unless  the  fact  of  such  signing 
or  endorsing  be  denied  by  affidavit  of  the  defendant  filed  with  his 
plea,  or  by  affidavit  of  the  plaintiff  filed  with  his  replication  to 
the  plea  of  set-off,  as  the  case  may  be. 

2.  When  such  plea  or  replication  is  filed  on  behalf  of  a  cor- 
poration, the  affidavit  may  be  by  an  officer,  agent  or  attorney  of 
such  corporation. 

3.  Where  the  original  instrument  is  not  filed  with  the  declara- 
tion or  plea  of  set-off,  the  opposite  party  shall  have  the  right, 
upon  motion,  to  inspect  such  original  before  pleading  and,  if 
necessary,  his  time  to  plead  may  be  enlarged  for  the  purpose  of 
making  such  inspection. 

NOTICE  TO  ADMIT  DOCUMENTS. 

42 

1.  Either  Party  May  Give — Either  party  may  call  on  the 
other  party  by  notice  to  admit  any  document,  saving  all  just 
exceptions.  In  case  of  neglect  or  refusal  to  admit,  the  cost  of 
proving  the  document  shall  be  paid  by  the  party  so  neglecting 
or  refusing,  whatever  the  result  of  the  cause  may  be,  unless  at 
the  trial  the  justice  certify  that  the  refusal  to  admit  was  rea- 
sonable. 

2.  Form  Of. — The  following,  or  the  like,  in  substance,  shall 
be  the  form  of  a  notice  to  admit: 

Take  notice  that  the  plaintiff  (defendant)  in  this  cause  proposes  to  adduce 
in  evidence  on  the  trial  thereof  the  several  documents  hereunder  specified, 
and  that  the  same  may  be  inspected  by  the  defendant  [plaintiff],  his  attorney 


36 


LAW    RULES 


or  agent,  at 


— ,  on  the day  of 


-,  19 — ,  between  the  hours  ol 


and ;     and  that  the  said  defendant  [plaintiff]  will  be  required  to 

admit  that  such  of  said  documents  as  are  herein  specified  to  be  originals  were 
respectively  written,  signed,  or  executed  as  they  purport,  respectively,  to  have 
been;  that  such  as  are  specified  as  copies  are  true  copies,  and  such  documents 
as  are  stated  to  have  been  served,  sent,  or  delivered  were  so  served,  sent,  or 
delivered,  respectively,  saving  all  just  exceptions  to  the  admissibility  of  all 
such  documents  as  evidence  in  this  cause. 

Dated  this day  of ,  19—. 

,  Attorney  for  Plaintiff. 

To  Mr. ,  Attorney  for  Defendant. 

ORIGINALS. 


Description  of  Documents. 


Date. 


COPIES. 


Description  of  Documents. 


Date. 


Original  or  duplicate  served,  sent,  or 
delivered,  when,  how,  and  by  whom. 


3.  Admission.— If  the  party  to  whom  the  notice  is  addressed 
make  the  admission,  it  may  be  endorsed  on  or  subscribed  to  the 
notice,   as  follows: 

I  consent  to  make  the  admission  required  in  the  within  notice. 
[ ,19-.] 


Plaintiff's  [Defendant's]  Attorney  or  Agent. 

I  consent  to  admit  the  documents  numbered  1,  2,  3,  4  in  the  within  notice. 

f .  19—  .1 


4.  Special  Admission. — If  the  admission  be  special,  it  may 
be  made  in  a  separate  paper,  as  follows: 

I  do  hereby,  as  the  attorney   [agent]   for  the  above-mentioned  defendant 
[plaintiff] ,  agree  to  admit  in  evidence,  on  the  trial  of  the  cause,  the  paper 


-      LAW  RULES  37 

writing  hereto  annexed  marked  "A"  as  a  true  copy  of  (stale  of  what),  and  I  do 
also  hereby  agree,  as  such  attorney,  to  admit  in  evidence  on  such  trial  the  paper 
writing  hereto  annexed  and  marked  "B"  as  a  true  copy,  etc. 

PRODUCTION  OF  BOOKS  AND  WRITINGS. 

43 

1.  Notice  For. — The  motion  to  require  a  party  to  produce 
books  or  writings  under  section  1072  of  the  Code,  or  section  724 
R.  S.  U.  S.,  shall  be  in  writing,  filed  in  the  cause,  and  shall  suffi- 
ciently describe  the  books  and  writings  to  be  produced. 

2.  Service  of  Court's  Order. — If  the  court  order  the  pro- 
duction of  the  books  and  writings  specified  in  the  motion,  a  copy 
of  such  order  made  by  the  clerk  and  duly  certified,  shall  be  served 
two  days  before  the  day  on  which  he  shall  be  required  to  produce 
the  same. 

3.  Compliance  With  Order. — It  shall  be  deemed  a  com- 
pliance with  the  order  to  file  the  books  and  writings  in  the  clerk's 
office  by  the  time  therein  specified. 

4.  Time  Enlarged. — On  application  and  after  notice  the  time 
to  comply  with  the  order  may  be  enlarged. 

TRIAL  OF  CAUSES. 
44 

1.  Consolidation. — When  causes  of  a  like  nature  or  relative 
to  the  same  question  are  pending,  the  court  may  make  such 
orders  and  rules  concerning  proceedings  therein  as  may  be  con- 
formable to  the  usages  of  courts  for  avoiding  unnecessary  costs 
or  delay  in  the  administration  of  justice,  and  may  consolidate 
said  causes  when  it  appears  reasonable  to  do  so. 

2.  Several  Causes  of  Action. — If  several  causes  of  action 
be  stated  in  the  declaration,  and  it  be  inexpedient  to  try  them 
together,  the  court  may  try  separately  each  or  as  many  of  them 
as  it  deems  convenient. 

3.  Prayers  for  Instructions. — Counsel  submitting  prayers 
for  instructions  to  the  jury  shall  place  upon  the  same  the  title 
and  number  of  the  cause,  and  indicate  thereon  whether  such 
prayers  are  those  of  plaintiff  or  defendant. 

Prayers  submitted  in  any  cause,  and  acted  on  by  the  court, 
shall  be  filed  therein. 


38  LAW   RULES 

CONTINUANCES. 
45 

An  application  for  a  continuance  shall  be  by  motion  supported 
by  sufficient  affidavit  disclosing  the  grounds  therefor,  unless  such 
affidavit  be  waived  by  opposing  counsel.  In  order  to  be  enter- 
tained such  motion  and  affidavit  shall  be  filed  as  long  before  the 
calling  of  the  cause  for  trial,  as  reasonable  diligence  requires. 

If  the  application  be  because  of  the  absence  of  a  witness,  the 
affidavit  shall  set  forth  what  material  matter  such  witness  is 
expected  to  testify  to;  and  if  the  adverse  party  admits  that  such 
witness  if  present  would  so  testify,  the  court  may  proceed  with  the 
trial,  requiring  such  admission  therein. 

All  continuances  shall  be  in  the  sound  discretion  of  the  court, 
and  shall  be  at  the  cost  of  the  applicant  unless  otherwise  ordered. 

NEW  TRIAL  AND  ARREST  OF  JUDGMENT. 

46 

1.  Motion  for  and  Contents  of. — Every  motion  for  a  new 
trial,  for  judgment  non  obstante,  or  in  arrest  of  judgment,  must 
be  in  writing,  state  in  separate  paragraphs,  successively  numbered, 
the  specific  grounds  upon  which  it  is  based,  be  filed  within  four 
days  after  verdict,  and  be  noted  on  the  minutes  on  the  day  it  is 
filed. 

2.  Hearing  on  Motion. — Said  motions  may  be  made  at  the 
same  time  and  heard  together.  Every  such  motion  shall  be  sub- 
mitted to  the  trial  justice  within  fifteen  days  from  the  date  of  the 
verdict  or  such  further  time  as  may  be  granted  by  the  court  for 
cause  shown;  otherwise,  it  shall  be  deemed  overruled  and  judgment 
entered  accordingly. 

3.  Judgment,  Time  of  Entry. — Judgment  shall  not  be  entered 
until  the  fifth  day  after  verdict,  or,  if  any  such  motion  be  made, 
until  after  the  ruling  of  the  court  thereon.  If  a  new  trial  be  re- 
fused, the  judgment  may  be  arrested;  and  if  said  motions  be  over- 
ruled, judgment  shall  be  entered  on  the  verdict. 


LAW   RULES  39 

BILLS  OF  EXCEPTIONS.  . 

47 

Exceptions  to  rulings  or  instructions  must  be  taken  at  the  time, 
and  several  exceptions  may  be  included  in  one  bill. 

48 

1.  The  bill  of  exceptions  shall  be  prepared  by  counsel.  If  not 
settled  before  the  jury  retires,  counsel  tendering  it  shall  give  two 
days'  notice  in  writing  to  opposing  counsel  of  the  time  at  which 
it  is  proposed  to  submit  the  same  to  the  court  to  be  settled,  and 
shall  also  at  least  eight  days  before  the  time  designated  in  such 
notice  present  to  opposing  counsel  the  proposed  bill  or  a  copy 
thereof.  The  bill  shall  be  submitted  to  the  court  within  thirty- 
eight  days  after  judgment  shall  have  been  entered,  unless  the  court 
shall,  for  cause  shown,  extend  the  time. 

2.  The  fact  of  the  settling  and  filing  of  the  bill  of  exceptions 
shall  be  noted  in  the  minutes  of  the  court. 

3.  If  the  court  is  unable  to  settle  the  bill  of  exceptions,  a  new 
trial  shall  be  granted. 

4.  The  submission,  settling,  signing,  or  filing  of  a  bill  of  excep- 
tions shall  not  be  affected  by  the  expiration  of  any  term,  provided 
this  rule  is  complied  with. 

5.  This  rule  shall  apply  to  pending  cases. 

ARGUMENT  OF  CAUSES. 
49 

1.  Number  of  Counsel. — Only  one  counsel  on  each  side  shall 
examine  or  cross-examine  any  witness  or  be  heard  upon  a  point 
of  evidence,  motion,  demurrer,  prayers,  hearing  as  to  sufficiency 
of  plea,  return  to  restraining  order  or  rule  to  show  cause,  objection 
for  want  of  parties,  exceptions  to  answer  or  auditor's  report,  or 
any  interlocutory  matter;  only  two  on  each  side  may  address  the 
jury  on  the  facts  or  be  heard  on  the  trial  of  the  cause  by  the  court, 
at  law  or  in  equity;  only  one  on  each  side  may  address  the  jury  in 
a  cause  heard  on  appeal  or  certified  on  plea  of  title  from  the  muni- 
cipal  court. 


43  LAW    RULES 

2.  Time  Allowance. — Each  side  may  occupy  the  following 
time: 

In  addressing  the  jury  in  a  cause  heard  on  appeal  or  certified 
on  plea  of  title  from  the  municipal  court,  thirty  minutes;  in  any 
other  cause,  two  hours. 

Upon  final  hearings  in  equity,  two  hours;  on  all  other  hearings, 
thirty  minutes. 

3.  Exception. — The  court  may,  in  its  discretion,  in  any  cause, 
increase  or  reduce  the  time  allowance,  or  permit  additional  counsel 
to  be  heard. 

4.  Division  of  Time. — Counsel  having  the  right  to  open  and 
close  may  divide  his  time  allowance  as  he  deems  best.  Where 
more  than  one  counsel  on  a  side  are  allowed,  they  may  divide  their 
time  allowance  as  they  agree. 

VERDICTS. 
50 

1.  For  Plaintiff. — A  general  verdict  for  the  plaintiff  shall 
be  recorded  thus:  "The  jury,  on  their  oath,  say  they  find  the  issue 
aforesaid  in  favor  of  the  plaintiff,  and  that  the  money  payable  to 
him  by  the  defendant  by  reason  of  the  premises  is  the  sum  of 

$ — ."     If  the  action  be  one  in  which  interest  is  recoverable, 

add:       "With  interest  at  the  rate  of  %  per  annum  from 

the day  of ,  19—." 

2.  For  Defendant. — If  the  verdict  be  for  the  defendant,  then 
"The  jury,  on  their  oath,  say  they  find  for  the  defendant,"  unless 
upon  set-off  pleaded,  a  balance  is  found  due  the  defendant;  and 
then  the  record  of  the  verdict  shall  proceed:  "And  that  the  money 
payable  to  him  by  the  plaintiff  by  reason  of  the  premises  is  the 
sum  of  $ ,  with  interest,"  etc. 

3.  For  Both  Parties. — If  there  be  several  counts  in  the  decla- 
ration, and  the  jury  find  for  the  plaintiff  on  some  and  for  the  de- 
fendant on  the  rest,  the  verdict  shall  be  entered  thus:     "The  jury, 

on  their  oath,  say  they  find  for  the  plaintiff  on  the issues, 

and  that  the  money  payable  to  him  by  the  defendant  by  reason 
thereof  is  the  sum  of  $ ,  with  interest,  etc.,  and  for  the  de- 
fendant on  the issues,  with  interest,"  etc. 


LAW  RULES  41 

51 

Special. — If  the  parties  elect  to  have  a  special  verdict  taken, 
then  the  jury  shall  state  all  the  facts  as  they  find  them  proved 
with  certainty  and  precision,  and  then  add:  "But  they  are  ignorant 
in  point  of  law,  on  which  side  they  ought  upon  these  facts  to  find 
the  issue;  and  if,  upon  the  whole  matter,  the  court  shall  be  of  the 
opinion  that  the  issue  is  proved  for  the  plaintiff  they  find  for  the 
plaintiff  accordingly,  and  that  the  money  payable  to  him  by  the 

defendant  is  the  sum  of   $ ,  with  interest  at  the  rate  of 

%  per  annum,  from  the day  of  — ,  19 — ;    but 

if  the  court  shall  be  of  an  opposite  opinion,  then  they  find  for  the 
defendant;"  all  which  shall  be  entered  upon  the  minutes  of  the 
court,  and  constitute  part  of  the  record  of  the  cause. 

52 

Subject  to  Opinion  of  Court. — When  a  verdict  is  taken,  sub- 
ject to  the  opinion  of  the  court,  it  shall  be  entered  as  follows: 
"The  jury,  upon  their  oath,  say  they  find  in  favor  of  the  plaintiff, 
and  that  the  money  payable  to  him  by  the  defendant  is  the  sum 

of  $ ,  with  interest  at  the  rate  of  — — ■ — %  per  annum,  from 

the day  of ,  19 — ;  if  the  court  shall  be  of  the  opin- 
ion that  he  ought  to  recover  against  the  defendant  upon  the  facts 
submitted  to  us  upon  the  trial,  which  facts  were  as  follows:" 
(State  the  facts  found  by  the  jury.)  "But  upon  these  facts,  if  it 
shall  be  the  opinion  of  the  court  that  the  plaintiff  ought  not  to 
recover  against  the  defendant,  then  we  find  in  favor  of  the  defend- 
ant." 

TRANSFER  OF  JURY. 

53 

1.  A  jury  summoned  for  and  oi  duty  in  any  one  special  term 
of  the  court  may,  from  time  to  time,  as  occasion  shall  requiiv, 
by  agreement  of  the  justices  presiding  in  the  courts,  to  and  from 
which,  the  proposed  transfer  is  to  be  made,  be  transferred  to  any 
other  special  term  having  cognizance  of  jury  trials.  Any  vacancies 
occurring  in  said  transferred  juries  shall  be  filled  as  provided  in 
section  208  of  the  Code.  Whenever  a  jury  or  portion  of  a  jury 
shall  not  be  required  for  service  in  either  of  the  circuit  courts, 
it  shall  not  be  excused  or  dismissed  until  the  justice  presiding 


42  LAW    RULES 

therein  has  ascertained  that  such  jury  or  such  portion  thereof 
will  probably  not  be  needed  for  service  in  the  other  circuit  court, 
and  if  so  needed,  said  jury  or  such  portion  thereof  shall  be  trans- 
ferred to  the  other  circuit  court  for  temporary  service  therein. 
(As  amended  April  25,  1919.) 

2.  Jury  for  District  Court. — When  there  shall  be  pending 
in  the  special  term  known  as  the  district  court,  a  cause  in  which 
the  parties  are  by  law  entitled  to  a  trial  by  jury,  if  either  party 
shall  demand  a  jury  trial,  the  justice  holding  criminal  court  No. 
2  shall  transfer  to  said  district  court,  for  such  trial,  the  jury  then  in 
attendance  in  the  special  term  known  as  criminal  court  No.  2, 
or  a  jury  from  either  of  the  circuit  courts  may  be  transferred  to 
such  district  court,  for  such  trial,  by  the  justice  holding  the  cir- 
cuit court. 

DELIVERY  OF  PAPERS  BY  THE  CLERK. 

54 

1.  The  clerk  shall  not  allow  any  original  papers  in  any  cause 
to  be  taken  out  of  his  custody,  except  by  the  auditor  or  examiner, 
or  upon  order  of  one  of  the  justices. 

2.  To  Auditor. — The  clerk  may  deliver  to  the  auditor  the 
papers  in  any  cause  which  has  been  referred  to  him. 

3.  To  Examiner. — When  an  examiner  has  been  required  to 
take  testimony  in  a  cause  the  clerk  may  deliver  to  him,  upon 
application,  such  papers  filed  therein  as  are  required  for  use  in 
taking  such  testimony. 

4.  To  Police,  Municipal  and  Juvenile  Courts. — The  clerk 
may  take  in  person,  or  send  by  one  of  his  assistants,  any  paper 
required  as  proof  in  any  cause  on  trial  before  the  police  court, 
juvenile  court,  or  municipal  court  of  the  District  of  Columbia,  but 
such  papers  shall  be  retained  in  the  possession  of  such  clerk  or  his 
assistant,  and  returned  to  the  files  of  the  court  immediately  after 
the  hearing  before  said  court. 

5.  Receipt  Required. — A  receipt  shall  in  every  case  be  re- 
quired by  the  clerk  for  papers  so  delivered  by  him,  and  such  papers 
shall  be  returned  to  the  clerk  with  all  convenient  speed. 

6.  Custody  by  Auditor  or  Examiner. — In  no  case  shall  the 
auditor  or  examiner  allow  any  papers  so  delivered  to  him  by  the 


LAW   RULES  43 

clerk,  or  that  may  be  filed  before  him  as  evidence  during  the  ex- 
amination, to  be  taken  out  of  his  office  by  any  person,  nor  to  be 
examined  by  others,  except  in  the  office  of  such  auditor  or  examiner. 

JUDGMENTS. 
55 

In  What  Cases. — Judg  nent  for  the  plaintiff  may  be — 

1 .  On  default  by  the  defendant. 

2.  On  defendant's  confession  as  by  saying  nothing,  or  by 
confession  of  errors. 

Or  if  for  the  defendant — 

That  the  plaintiff  be  nonsuited. 
Or  for  either  party — 

1 .  On  demurrer. 

2.  On  issue  of  "No  such  record." 

3.  On  verdict,  or 

4.  On  case  agreed. 

56 

For  Money,  Form  of. — If  the  judgment  be  for  the  recovery 
of  money,  it  shall  be  awarded  generally  thus:  "it  is  considered 
that  the  plaintiff  (defendant)  recover  against  the  defendant  (plain- 
tiff)   $ ,   (when  interest  is  recoverable  add)   'with  interest 

at  the  rate  of %  per  annum  from  the day  of , 

19 — ,'  being  the  money  payable  by  him  to  the  plaintiff  (defendant) 

by  reason  of  the  premises,  and  $ for  his  cost  of  suit,  and  that 

he  have  execution  thereof." 

57 

1.  By  Default. — If  the  defendant,  served  with  copy  of  the 
declaration  and  summons,  fail  to  appear  and  plead,  according 
to  said  summons,  a  judgment  by  default  may  be  entered  against 
him  at  any  time  thereafter. 

2.  Several  Defendants. — If  there  are  several  defendants  in 
an  action  ex  contractu,  judgment  by  default  may  be  taken  against 
any  of  them  who  may  be  in  default,  and  the  plaintiff  may  proceed 
to  trial  and  judgment  against  the  others. 

58 
In  Ejectment. — A  judgment  by  default  may  be  taken  against 
a  defendant  in  ejectment  in  the  manner  prescribed  in  rule  57, 
in  relation  to  judgments  by  default  generally. 


44  LAW   RULES 

INQUIRY  BY  JURY. 

59 

If  the  cause  of  action  be  an  unliquidated  sum  of  money  claimed 
upon  a  contract,  or  for  a  wrong  unconnected  with  contract,  the 
court  shall  award  an  inquiry  by  the  jury  in  attendance  of  the 
amount  claimed  in  the  following  cases: 

1.  If  the  defendant  fail  to  plead  to  the  declaration;  that  is, 
make  default. 

2.  If  he  acknowledge  the  plaintiff's  demand  to  be  just;  that 
is,  confess  judgment. 

3.  When  his  attorney  declares  that  he  has  no  instructions  to 
say  anything  in  answer  to  the  plaintiff,  or  in  defense  of  his  client. 

4.  When  a  demurrer  to  the  plaintiff's  declaration  is  overruled, 
unless  he  plead  over. 

In  executing  such  inquiry  in  the  presence  of  the  court,  the  jury 
need  not  draw  up  and  sign  and  seal  an  inquisition,  but  shall  merely 
ascertain  the  amount  payable  by  the  defendant  to  the  plaintiff 
for  the  cause  of  action  stated  in  the  declaration ;  and  their  verdict 
shall  be  announced  and  made  of  record  on  the  minutes  of  the  court 
in  the  same  way  as  upon  an  issue  joined. 

NONAPPEARANCE  OF  PARTIES. 
60 

1.  Both  Parties. — When  a  cause  is  reached  in  the  regular 
call  of  the  calendar  and  neither  party  appears,  it  may  be  dis- 
missed at  the  cost  of  the  plaintiff. 

2.  Plaintiff. — If  the  plaintiff  fail  to  appear  when  the  cause 
is  called  for  trial,  the  defendant  may  have  the  plaintiff  called, 
and  the  suit  dismissed  or  may  have  a  trial. 

3.  Defendant. — If  the  defendant  fail  to  appear  when  the  cause 
is  called  for  trial,  the  plaintiff  may  have  the  defendant  called, 
and  take  a  judgment  by  default,  or  may  be  required  to  prove 
his  case,  in  the  discretion  of  the  court. 


LAW  RULES  45 

MOTION  TO  VACATE  JUDGMENT. 

61 

1.  Contents  of. — The  motion  to  vacate  a  judgment  must  be 
in  writing,  and  the  grounds  upon  which  it  is  founded  must  be 
supported  by  affidavit. 

2.  After  Default,  With  Plea. — Where  the  judgment  sought 
to  be  vacated  was  entered  by  default  of  defendant,  the  motion 
must  be  filed  within  ten  days  after  entry  of  judgment,  and  may 
be  so  filed  notwithstanding  the  expiration  of  the  term,  and  shall 
be  accompanied  by  a  plea,  verified  by  affidavit,  setting  up  a  defense 
sufficient  if  proved  to  bar  the  action  in  whole  or  in  part. 

APPEAL  TO  COURT  OF  APPEALS. 

62 

1.  No  appeal,  except  in  cases  where  the  United  States  or  the 
District  of  Columbia  is  appellant,  shall  operate  as  a  stay  of  ex- 
ecution or  supersedeas,  unless  within  twenty  days,  exclusive  of 
Sundays  and  legal  holidays,  after  the  judgment,  the  appellant 
shall  file  in  the  clerk's  office  of  the  Supreme  Court  of  the  District 
of  Columbia  a  bond  with  surety  or  sureties  to  be  approved  by 
the  said  court,  or  a  justice  thereof,  conditioned  for  the  successful 
prosecution  of  such  appeal. 

2.  Bond  on  Appeal — Form  of. — The  bond  on  appeal  to  the 
Court  of  Appeals  of  the  District  of  Columbia  shall  be  in  the  fol- 
lowing or  equivalent  form : 

Know  all  Men  by  these  Presents,  That  we, ,  as 

principal — ,  and  ,  as  suret — ,  are  held  and  firmly  bound 

unto  the  above  named in  the  full  sum  of dollars  to 

be  paid  to  the  said ,  executors,  administrators,  successors, 

or  assigns.  To  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
and  each  of  us,  jointly  and  severally,  and  our  and  each  of  our  heirs,  executors, 
administrators,  successors,  and  assigns,  firmly  by  these  presents.     Sealed  with 

our  seals,  and  dated  this day  of ,  in  the  year  of  our  Lord 

one  thousand  nine  hundred  and . 

Whereas  the  above-named ha —  prosecuted   an 

appeal  to  the  Court  of  Appeals  of  the  District  of  Columbia,  to  reverse  the 


46  LAW   RULES 

judgment — decree — rendered  in  the  above  suit  by  the  said  Supreme  Court  o^ 
the  District  of  Columbia: 

NOW,   THEREFORE,    THE  CONDITION   OF   THIS   OBLIGATION   IS   SUCH,    That    if 

the  above-named shall  prosecute said  appeal  with 

effect,  and  answer  (all  damages  and  costs)  (all  costs)  if shall  fail  to  make 

good  plea,  then  this  obligation  shall  be  void;    otherwise,  the   same 

shall  be  and  remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  presence  of — 

[seal.] 

[seal.] 


Approved  the day  of ,  19 — . 

,  Justice,  S.  C.  D.  C. 

3.  Citation,  Form  of. — The  citation  to  appellee  in  appeals 
to  the  Court  of  Appeals  of  the  District  of  Columbia  shall  be  in 
the  following  or  equivalent  form: 

The  President  of  the   United  States,  to ,  greeting: 

You  are  hereby  cited  and  admonished  to  be  and  appear  at  a  Court  of  Appeals 
of  the  District  of  Columbia,  upon  docketing  the  cause  therein,  under  and  as 
directed  by  the  rules  of  said  court,  pursuant  to  an  appeal  from  the  Supreme 

Court  of  the  District  of   Columbia,  on   the  day  of — ,  19 — , 

wherein appellant — ,  and  you  are  appellee — ,  to 

show  cause,  if  any  there  be,  why  the  judgment — decree — rendered  against  the 
said  appellant — ,  should  not  be  corrected,  and  why  speedy  justice  should  not 
be  done  to  the  parties  in  that  behalf. 

Witness  the  Honorable .Chief  Justice  of  the  Supreme  Court 

of  the  District  of  Columbia,  this day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and . 

,   Clerk. 

By  ,  Assistant  Clerk. 

Service  of  the  above  citation  accepted  this day  of ,  19 — . 


Attorney  for  Appellee. 

TRANSCRIPT  OF  RECORD— ON  APPEAL. 

63 

1.  Preparation  of. — Whenever  a  transcript  of  record  of  a 
cause  shall  be  issued  by  the  clerk,  the  copy  of  each  paper  enter- 
ing into  said  record  shall  show,  at  the  beginning  on  the  face  thereof, 


LAW    RULES  47 

the  date  of  the  filing  of  the  same.  And  the  date  of  the  passage  of 
any  order  or  decree  included  in  such  transcript  shall  be  noted 
by  the  clerk  at  the  head  thereof.  The  caption  of  any  paper, 
judgment,  order  or  decree  entering  into  said  transcript,  except 
the  first,  shall  be  omitted. 

2.  The  "certificate  showing  the  entry  of  appeal  and  the  date 
thereof,"  prescribed  by  rule  15  of  the  Court  of  Appeals  of  the 
District  of  Columbia,  shall  be  in  the  following  or  equivalent  form : 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 


I, ,  clerk  of  the  Supreme  Court  of  the  District  of 

Columbia,  do  hereby  certify  that  in  a  certain  cause  pending  in  said  court 

wherein are — is — plaintiff —  and are — is — 

defendant — ,  No.  ,  ,   a  final  decree — judgment — was 

rendered  by  said  supreme  court  on  the  day   of ,  19 — ,  in 

favor  of  the  said and  against  the  said 


-,  and  that  on  the day  of ,  19 — ,  the  said- 


entered  an  appeal  to  the  Court  of  Appeals  of  the  District  of 

Columbia — in  open  court — and  caused  a  citation  to  issue  to  the  appellee — , 
which  was  returned  the day  of ,  1 9 — ,  . 

Appeal  bond  filed ,  19 — . 

In  testimony  WHEREOF,  I  hereunto  subscribe  my  name  and  affix  the  seal 

of  said  supreme  court,  at  the  city  of  Washington,  this day  of 

A.  D.  19—. 

,   Clerk, 


By  ,  Assistant  Clerk. 


EXECUTION. 

64 

Ejectment,  Form  of  Writ. — If  the  judgment  be  for  the  re- 
covery of  land,  the  same  shall  be  carried  into  execution  by  a 
writ  of  possession  in  the  following  or  equivalent  form : 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are' hereby  commanded,  without  delay,  to  cause  the  plaintiff  to  have 
possession  of  (describe  the  premises  as  they  are  described  in  the  declaration), 
according  to  his  recovery  thereof  in  this  action.  And  do  you  return  this  writ 
into  the  clerk's  office  of  said  court  immediately  after  you  have  executed  it, 


48  LAW   RULES 

and  on  or  before  the  sixtieth  day  from  the  date  hereof,  so  indorsed  as  to  show 
when  and  how  you  have  executed  the  same. 

Witness  the  Honorable  ,  Chief  Justice  of  said  court,  this 

day  of ,  A.  D.  19—. 

,   Clerk. 


By  ,  Assistant  Clerk. 


65 

Special  Writ. — In  other  actions,  when  the  judgment  is  that 
something  special  be  done  o;  rendered  by  the  defendant,  a  special 
writ  of  execution  shah*  issue  to  the  marshal  according  to  the 
nature  of  the  case. 

66 

1.  Fieri  Facias,  Form  of. — In  an  action  where  money  only 
is  recovered,  and  not  any  specific  chattels,  the  following  or  the 
equivalent  shall  be  the  form  of  the  writ  of  execution: 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are  hereby  commanded  that,  of  the  goods  and  chattels,  lands  and  tene- 
ments of  the  defendant — ,  you  cause  to  be  made$ ,which  the  plaintiff — , 

on  the day  of ,  19 — ,  by  the  judgment  of  said  court  in  the 

above-entitled  cause,  recovered  against  said  defendant — ,  (before  the  munici- 
pal court)  for  money  found  payable  to  said  plaintiff — ,  and  $ for  costs 

and  charges  about  said  suit  expended,  as  appears  of  record;  and  return  this 
writ  into  the  clerk's  office  of  said  court  on  or  before  the  sixtieth  day  from  the 
date  hereof,  so  indorsed  as  to  show  when  and  how  you  have  executed  the  same. 

Witness  the  Honorable ,  Chief  Justice  of  said  court,  this 

day  of ,  A.  D.  19—. 

,  Clerk. 

By  ,  Assistant  Clerk. 

2.  Special  Fieri  Facias,  Form  of. — 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 
Whereas,  A  writ  of  attachment  was  issued  out  of  the  said  court  on  the 

day  of ,  19 — ,  addressed  to   the   marshal  of  said  District, 

commanding  him  to  attach,  seize,  and  take  into  his  custody  the  defendant — 
lands,  goods,  chattels,  and  credits  which  shall  be  found  in  said  District  to  the 
value  of  said  plaintiff —  demand,  together  with  interest  and  costs,  and  the 


LAW   RULES  49 

aforesaid  marshal  returned  said  writ  into  said  court  on  the  day  of 

,  19 — ,  indorsed  "attached  as  per  schedule  filed." 

And  whereas,  In  the  said  court  on  the  day  of ,  A.  D. 

19 — ,  the  plaintiff — ,  by  the  judgment  of  said  court,  recovered   against   the 

defendant —  the  sum  of dollars  and cents  ( S ) , 

with  interest  from    the  day    of ,   19 — ,  until 

paid,  together  with costs  of  suit. 

And  whereas  also,  In  said  court  on  the day  of ,  19 — , 

the  said  plaintiff —  had  judgment  of  condemnation  on  the  writ  of  attachment 
aforesaid  against  the  defendant —  lands  and  tenements,  goods  and  chattels 

attached  by  the  marshal  on  the  ■ day  of  ■ ,  19 — ,  aforesaid, 

towards  satisfying  unto  the  said  plaintiff —  as  well  the  aforesaid  sum  of 

dollars  and cents  ($ ),  with  interest  as  aforesaid  as  the  sum  of 

dollars  and  cents,  adjudged  to for  costs  and 

charges  by laid  out  and  expended  about  said  suit;  therefore, 

You  are  Hereby  Commanded,  That  of  the  lands  and  tenements,  goods 
and  chattels  aforesaid,  you  cause  to  be  made  the  judgment,  interest,  costs, 
and  charges  aforesaid ;  and  return  this  writ  into  the  clerk's  office  of  said  court, 
within  sixty  days,  so  indorsed  as  to  show  when  and  how  you  have  executed 
the  same. 

Witness  the  Honorable ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 


-,   Clerk. 


By  ,  Assistant  Clerk. 


3.  Attachment  on  Judgment,  and  Notice,  Form  Of.— 

The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

You  are  hereby  commanded  to  attach  the  goods,  chattels,  and  credits  of 
the  defendant — ,  if  to  be  found  in  this  District,  of  value  sufficient  to  satisfy 

the  plaintiff —  recovery  against  in  this  court  in  the  above-entitled 

cause  (the  municipal  court)  on  the day  of  ,  19 — ,  of  $ 

for  money  payable  to by  the  defendant — ,  and  $ for 

cost  of  suit;  and  the  same,  so  attached,  safely  keep  and  have  before  said  court, 
on  or  before  the  tenth  day,  occurring  after  the  execution  of  this  writ,  that  the 
same  may  be  condemned  unless  sufficient  cause  be  shown  to  the  contrary ; 
and,  if  said  goods,  chattels,  or  credits  be  attached  in  the  hands  or  possession 
of  any  person  or  persons  other  than  the  defendant — ,  notify  such  person  or 

persons  of  such  seizure,  and  warn  h or  them  to  appear  before  said  court, 

within  the  time  aforesaid,  to  show  cause  why  the  same  should  not  lie  con- 
demned and  execution  thereof  had  according  to  law.  And  have  them  there 
this  writ,  so  indorsed  as  to  show  when  and  how  you  have  executed  it. 


50  LAW   RULES 

Witness,  The  Honorable ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 

,  Clerk. 

By  ,  Assistant  Clerk. 


NOTICE. 

,  19—. 

To ,  Garnishee: 

You  are  hereby  notified  that  any  property  or  credits  of 

jn  your  hands  are  seized  by  virtue  of  the  foregoing  writ  of  attachment,  and 
you  are  hereby  warned  to  appear  in  said  court,  on  or  before  the  tenth  day, 
after  service  hereof,  and  show  cause,  if  any  there  be,  why  the  property  or 
credits  so  attached  should  not  be  condemned  and  execution  thereof  had. 


U.  S.  Marshal. 

Whenever  interrogatories  and  notice  to  answer  accompany 
said  writ,  such  interrogatories  and  notice  shall  be  in  the  form 
prescribed  by  rule  9,  section  5. 

SCIRE  FACIAS. 

67 

In  cases  of  scire  facias  on  judgment,  or  money  decree,  and  in 

actions  on  judgments,  or^money  decrees,  from  a  state  court  or  a 

court  of  the  United  States,  any  plea  thereto  shall  be  treated  as 

a  nullity,  unless  an  affidavit  accompany  the  plea  showing  a  defense 

to  the  action. 

ADVERTISING. 

68 

Advertising  done  under  authority  of  the  court  shall  be  paid 
for  at  rates,  per  agate  line  two  and  one-sixth  inches  in  width,  not 
exceeding  the  following: 

One  time,  15  cents; 

Two  times,  12$  cents  each  time; 


LAW   RULES  51 

Three  or  more,  and  less  than  ten  times,  10  cents  each  time,  and 
Ten  times  or  more,  9  cents  each  time. 

MECHANICS'  LIENS. 

69 

1.  Notice,  Form  of. — The  notice  of  mechanic's  lien  prescribed 
by  section  1238  of  the  Code  shall  be  in  the  following  or  equivalent 
form: 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 
Filed  and  Recorded ,  19 — ,  at  —  o'clock  —  m. 

1 


Claimant — -,       I 
vs.  }-       No. 


|  Notice  of  Lien. 


Owner — .      J 

Notice  is  hereby  given  that  intend  to  hold  a  mechanic's  lien 

against  the  interest  of ,  in ,  situate  in  the  city  of 

(County  of)  Washington,  in  the  District  of  Columbia,  and  the  building — 

thereon,  for  the  sum  of dollars  ($ ),  with  interest  from , 

19 — ,   being  amount  due  to  for    labor    upon  and  materials 

( )  furnished  for  the  construction  (repair)  of  said  building —  under 

and  by  virtue  of  a  contract  with . 


Claimant. 

By . 


2.  The  undertaking,  and  the  affidavit  of  the  sureties  to  dis- 
charge lien,  prescribed  by  section  1255  of  the  Code  and  the  order 
of  the  court  thereon  shall  be  in  the  following  or  equivalent  form: 

Undertaking: — The  above-named  ,  owner — ,  and 

sureties,  all  of  the  District  of  Columbia,  appearing 


and  submitting  to  the  jurisdiction  of  the  court,  hereby  undertake  for  them- 
selves, and  each  of  them,  their,  and  each  of  their  heirs,  executors,  and  adminis- 
trators, or  personal  representatives,  that  they  will  pay  and  satisfy  any  judg- 
ment or  decree  that  may  be  recovered  in  any  suit  or  proceeding  that  may  In 
instituted  on,  or  to  enforce  the  above-entitled  mechanic's  lien,  together  with  the 


52  LAW   RULES 

costs  of  said  proceeding,  which  judgment  or  decree  they  agree  may  be  pro- 
nounced against  all  of  them. 

Witness  our  hands  and  seals  this day  of ,  19 — . 


Approved ,  19 — ,  by  the  court. 


Justice. 


Oath  of  Sureties. — District  of  Columbia,  ss: 

,  sureties,  in  the  within  undertaking,  swear  that  they 

are  the  owners  of  real  and  personal  property  situated  in  said  District  of  the 

value  of dollars  ($ )  over  and  above  all  debts  and  prior 

obligations. 


Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 


Order  of  Court. — In  the  Supreme  Court  of  the  District  of  Columbia. 
— having  filed  the  within  undertaking  with 


— — — as  sureties,  it  is  this day  of ,  19 — ,  ordered  that 

the  real  estate  in  said  lien  described  be,  and  the  same  is  hereby  released  from 
the  operation  thereof. 


Justice. 

CRIMINAL  COURTS. 
70 

Rules  Governing. — The  law  rules  shall  apply  to  and  govern 
the  practice  in  the  criminal  courts  so  far  as  applicable,  and  attor- 
neys, immediately  after  being  retained  in  a  cause,  shall  enter  their 
appearance  therein  by  praecipe. 

71 

Docketing  Causes. — Upon  the  filing  of  a  warrant  from  the 
police  court;  a  transcript  of  proceedings  from  a  United  States 
commissioner;  an  inquisition  of  the  coroner,  or  an  indictment  in 
an  original  cause,  the  clerk  shall  immediately  enter  the  same 
upon  the  criminal  docket,  in  the  order  of  filing,  and  number  it 


LAW   RULES  53 

accordingly.    All  further  proceedings  had  therein  shall  be  noted 

on  such  docket. 

72 

Notice  of  Trial. — A  cause  in  which  an  indictment  shall  have 
been  pending  for  eighteen  months  or  more,  shall  not  be  tried, 
except  upon  at  least  ten  days'  notice,  in  writing,  to  the  defendant, 
his  attorney  or  bail,  of  the  assignment  of  the  same  for  trial,  or 
waiver  of  such  notice. 

ACTIONS  EX  CONTRACTU. 

73 

1.  Summary  Judgment  on  Affidavit. — In  any  action  arising 

ex  contractu,  if  the  plaintiff  or  his  agent  shall  have  filed,  at  the 

time  of  bringing  his  action,  an  affidavit  setting  out  distinctly  his 

cause  of  action,  and  the  sum  he  claims  to  be  due,  exclusive  of  all 

set-offs  and  just  grounds  of  defense,  and  shall  have  served  the 

defendant  with  copies  of  his  declaration  and  of  said  affidavit, 

he  shall  be  entitled  to  a  judgment  for  the  amount  so  claimed, 

with  interest   and   costs,   unless   the  defendant   shall  file,   along 

with  his  plea,  if  in  bar,  an  affidavit  of  defense,  denying  the  right 

of  the  plaintiff  as  to  the  whole  or  some  specified  part  of  his  claim, 

and  specifically  stating  also,  in  precise  and  distinct  terms,   the 

grounds  of  his  defense,  which  must  be  such  as  would,  if  true,  be 

sufficient  to  defeat  the  plaintiff's  claim  in  whole  or  in  part.    And 

where  the  defendant  shall  have  acknowledged  in  his  affidavit  of 

defense  his  liability  for  a  part  of  the  plaintiff's  claim  as  aforesaid 

the  plaintiff,  if  he  so  elect,  may  have  judgment  entered  in  his  favor 

for  the  amount  so  confessed  to  be  due.     After  taking  such  final 

judgment  for  the  amount  so  confessed,  the  plaintiff  shall  have  the 

right  to  prosecute  the  remainder  of  his  claim  in  that  suit  and 

(if  he  sustains  his  claim  for  such  remainder)  to  have  a  further 

final  judgment  therefor.      (As  amended  April  25,   1919.) 

2.  Decedent's  Representative. — The  provisions  of  this  rule 
shall  not  apply  to  defendants  who  are  representatives  of  a  de- 
cedent's estate,  except  when  the  affidavit  filed  with  the  deelara- 


54  LAW   RULES 

tion  sets  forth  that  the  contract  sued  on  was  directly  with  such 
representative. 

3.  When  Corporation  Defendant. — When  the  defendant  is 
a  corporation,  the  affidavit  of  defense  may  be  made  by  an  officer, 
agent,  or  attorney  of  such  corporation. 

74 

At  any  time  when  juries  are  provided  by  law,  between  the  last 
day  of  June  and  the  first  Tuesday  of  October  following,  any 
person  indicted  for  an  offense,  not  capital,  and  committed  thereon 
to  jail,  may  apply  to  the  justice  presiding  for  an  immediate  trial 
before  him,  and  such  application  shall  be  determined  as  the  speedy 
administration  of  justice  may  require. 

75 

No  persons  shall  be  appointed  guardian  ad  litem,  either  on 
the  application  of  the  infant  or  otherwise,  if  he  have  any  interest 
adverse  to  that  of  the  infant,  or  be  connected  in  business  with  the 
attorney  or  counsel  of  an  adverse  party.  No  person  shall  be 
appointed  guardian  ad  litem  who  is  nominated  by  the  adverse 
party.  Except  for  special  cause  shown  no  person  other  than  a 
member  of  the  bar  of  this  court  or  the  general  guardian  of  an 
infant  shall  be  appointed  guardian  ad  litem. 

76 

If  at  any  time  it  appear  that  a  suit  commenced  in  equity 
should  have  been  brought  as  an  action  on  the  law  side  of  the  court, 
or  that  a  suit  at  law  should  have  been  brought  in  equity,  it  shall 
be  transferred  to  the  law  or  equity  side  of  the  court,  as  the  case 
may  be,  and  be  there  proceeded  with,  with  only  such  alteration 
in  the  pleadings  as  shall  be  essential. 


EQUITY   RULES  55 


EQUITY  RULES. 


COURT  ALWAYS  OPEN. 


The  equity  court  shall  be  deemed  always  open  for  the  purpose 
of  filing  bills,  answers,  and  other  pleadings;  for  issuing  and  return- 
ing mesne  and  final  process  and  commissions ;  and  for  making  and 
directing  interlocutory  motions,  orders,  rules,  and  other  proceed- 
ings, preparatory  to  the  hearing  of  causes  upon  their  merits. 

2 

Rule  Day. — The  term  "Rule  Day"  designates  the  first  Tuesday 

of  the  month  to  which  it  relates. 

* 

3 

Law  Rules. — Cases  not  provided  for  in  these  rules  shall  be 
governed  by  the  law  rules  as  far  as  applicable. 

4 

The  court,  at  every  stage  of  the  proceeding,  must  disregard  any 
error  or  defect  in  the  proceeding  which  does  not  affect  the  sub- 
stantial rights  of  a  party. 

The  allegations  of  a  pleading  shall  be  liberally  construed,  with 
a  view  to  substantial  justice  between  the  parties. 

5 

Further  and  Particular  Statement  in  Pleading  May  be 
Required. — A  further  and  better  statement  of  the  nature  of  the 
claim  or  defense,  or  further  and  better  particulars  of  any  matter 
stated  in  any  pleading,  may  in  any  case  be  ordered,  upon  such 
terms,  as  to  costs  and  otherwise,  as  may  be  just.  (As  amended 
February  12,  1915.) 


56  EQUITY   RULES 

SCANDAL  AND  IMPERTINENCE. 

6 
The  right  to  except  to  bills,  answers,  and  other  proceedings  for 
scandal  or  impertinence  shall  not  obtain,  but  the  court  may,  upon 
motion  or  its  own  initiative,  order  any  redundant,  impertinent  or 
scandalous  matter  stricken  out,  upon  such  terms  as  the  court  shall 
think  fit. 

PLEADINGS— TECHNICAL  FORMS  ABROGATED 

7 
Unless  otherwise  prescribed  by  statute  or  these  rules  the  tech- 
nical forms  of  pleadings  in  equity  are  abolished. 

SUPPLEMENTAL  PLEADING. 
8 
Upon  application  of  either  party  the  court  or  justice  may,  upon 
reasonable  notice  and  such  terms  as  are  just,  permit  him  to  file 
and  serve  a  supplemental  pleading,  alleging  material  facts  occur- 
ring since  his  former  pleading,  or  of  which  he  was  ignorant  when 
it  was  made,  including  the  judgment  or  decree  of  a  competent 
court  rendered  after  the  commencement  of  the  suit  determining 
the  matters  in  controversy  or  a  part  thereof. 

9 

Neither   presumptions   of   law   nor   matters   of   which   judicial 

notice  is  taken  shall  be  stated  in  a  pleading.  Every  answer  shall 

admit  or  deny  specifically  and  separately  each  material  allegation 

of  the  bill  or  other  pleading  of  the  plaintiff,  and  every  reply  shall 

in  like  manner  admit  or  deny  specifically  and  separately  each 

material  averment  of  new  matter  made  by  the  defendant  in  any 

pleading.    This  rule  may  be  enforced  by  striking  the  pleading 

from  the  files. 

10 

Every  pleading  must  be  subscribed  by  the  party  or  his  attorney, 

and  every  pleading  of  fact,  except  as  otherwise  provided,  must  be 

verified  by  the  affidavit  of  the  party,  his  agent  or  attorney;  when 

a  corporation  is  a  party,   the  verification  may  be  made  by  an 

officer  thereof,  its  agent  or  attorney;  and  when  the  United  States 

or  any  officer  thereof  in  its  behalf  is  a  party,  the  verification  may 


EQUITY  RULES  57 

be  made  by  any  person  acquainted  with  the  facts,  the  Attorney- 
General,  or  the  attorney  prosecuting  or  defending  the  action. 

The  verification  mentioned  shall  not  be  required  to  the  answer 
of  a  guardian  defending  for  an  infant,  or  a  person  of  unsound  mind, 
or  the  attorney  of  a  person  in  prison,  nor  in  any  case  where  the 
admission  of  the  truth  of  a  fact  stated  in  a  pleading  might  subject 
the  party  to  a  criminal  or  penal  prosecution. 

If  several  parties  are  united  in  interest  and  plead  together,  the 
affidavit  may  be  made  by  one  of  them. 

The  verification  of  a  pleading  does  not  apply  to  the  amount 
claimed  except  in  an  action  founded  on  contract,  express  or 
implied,  for  the  payment  of  money  only;  and  verification  shall 
not  make  other  or  greater  proof  necessary  on  the  side  of  the  adverse 
party- 

The  affidavit  verifying  a  pleading  can  be  made  by  the  agent  or 
attorney    only: 

(1)  When  the  facts  are  within  the  personal  knowledge  of  the 
attorney  or  agent. 

(2)  When  the  plaintiff  is  an  infant,  or  of  unsound  mind,  or  in 
prison. 

(3)  When  the  pleading  is  founded  upon  a  written  instrument 
for  the  payment  of  money  and  such  instrument  is  in  the  possession 
of  the  affiant. 

(4)  When  the  party  is  absent  from  the  District  of  Columbia. 
The  affidavit  verifying  a  pleading  shall  be  sufficient  if  it  is  stated 

therein  that  the  affiant  verily  believes  the  facts  stated  in  the  plead- 
ing to  be  true. 

OFFICERS  BEFORE  WHOM  PLEADINGS  VERIFIED. 

11 

Every  affidavit  required  by  these  rules  may  be  made  and 
verified  before  any  justice  or  judge  of  any  court  of  the  United 
States,  or  of  any  State  or  Territory,  or  of  the  District  of  Columbia, 
or  any  clerk  of  any  court  of  the  United  States,  or  of  any  State  or 
Territory,  or  of  the  District  of  Columbia,  or  any  notary  public. 
It  must  be  signed  by  the  party  who  makes  it  and  the  officer 
before  whom  the  same  was  taken  shall  upon  the  same  sheet  certify 
that  it  was  swo.n  to  befo  e  him  and  sigred  in  his  presence.  The 
certificate  of  the  officer,  signed  officially  by  him  shall  be  evidence 


58  EQUITY    RULES 

that  the  affidavit  was  duly  made,  that  the  name  of  the  officer  was 
written  by  himself,  and  that  he  was  such  officer. 

SIGNATURE  OF  COUNSEL. 
12 

Every  bill  or  other  pleading  shall  be  signed  individually  by  one 
or  more  attorneys  of  record,  and  such  signatures  shall  be  con- 
sidered as  a  certificate  by  each  attorney  that  he  has  read  the  plead- 
ing so  signed  by  him;  that  upon  the  instructions  laid  before  him 
regarding  the  case  there  is  good  ground  for  the  same;  that  no 
scandalous  matter  is  inserted  in  the  pleading;  and  that  it  is  not 
interposed  for  delay. 

MOTIONS. 
13 

A  motion  is  an  application  for  an  order,  addressed  to  the  court 
or  a  justice,  by  a  party  to  a  cause  or  proceeding,  or  by  one  in- 
terested therein.  Several  objects  may  be  included  in  the  same 
motion  if  they  grow  out  of  or  are  connected  with  the  cause  or 
proceeding  in  which  it  is  made. 

Every  motion  must  be  in  writing,  entitled  in  the  cause,  signed  by 
the  mover  or  his  counsel,  and  must  state  in  separate  paragraphs, 
successively  numbered,  the  grounds  upon  which  it  is  based. 

It  shall  be  regarded  as  a  waiver  of  grounds  not  stated  therein, 
unless  for  cause  shown,  the  court  shall  otherwise  order. 

DESIGNATIONS. 
14 

1.  Plaintiffs. — Parties  suing  shall  be  designated  as  "plain- 
tiffs," those  sued,  as  "defendants." 

2.  Attorneys. — Counsel  in  equity  causes  shall  be  designated 
as  attorneys. 

PARTIES  GENERALLY— INTERVENTION. 

15 

Every  action  shall  be  prosecuted  in  the  name  of  the  real  party 
in  interest,  but  an  executor,  administrator,  guardian,  trustee  of 
an  express  trust,  a  party  with  whom  or  in  whose  name  a  contract 
has  been  made  for  the  benefit  of  another,  or  a  party  expressly 
authorized  by  statute,  may  sue  in  his  own  name.    All  persons  hav- 


EQUITY    RULES  59 

ing  an  interest  in  the  subject  of  the  action  and  in  obtaining  the 
relief  demanded  may  join  as  plaintiffs,  and  any  person  may  be 
made  a  defendant  who  has  or  claims  an  interest  adverse  to  the 
plaintiff.  Any  person  may  at  any  time  be  made  a  party  if  his 
presence  is  necessary  or  proper  to  a  complete  determination  of  the 
cause.  Persons  having  a  united  interest  may  be  joined  on  the 
same  side  as  plaintiffs  or  defendants,  but  when  any  one  refuses  to 
join,  he  may  for  such  reason  be  made  a  defendant. 

Any  one  claiming  an  interest  in  the  litigation  may  at  any  time  be 
permitted  to  assert  his  right  by  intervention. 

16 

Infant,  Suit  by. — Infants  and  other  persons  incapable  of  suing 
for  themselves  may  sue  by  their  guardians,  if  any,  or  by  their 
prochein  ami;  subject,  however,  to  such  orders  as  the  court  may 
direct  for  their  protection.     (See  Law  Rule  75.) 

REPRESENTATIVES  OF  CLASS. 
17 

When  the  question  is  one  of  common  or  general  interest  to  many 
persons  constituting  a  class  so  numerous  as  to  make  it  impracti- 
cable to  bring  them  all  before  the  court,  one  or  more  may  sue  or 
defend  for  the  whole. 

ABSENCE  OF  PERSONS  WHO  WOULD  BE  PROPER 

PARTIES. 
18 
In  all  cases  where  it  shall  appear  to  the  court  that  persons,  who 
might  otherwise  be  deemed  proper  parties  to  the  suit,  can  not  be 
made  parties  by  reason  of  their  being  out  of  the  jurisdiction  of  the 
court,  or  incapable  otherwise  of  being  made  parties,  the  court  may, 
in  its  discretion,  proceed  in  the  cause  without  making  such  persons 
parties;  and  in  such  cases  the  decree  shall  be  without  prejudice 
to  the  rights  of  the  absent  parties. 

SUIT  TO  EXECUTE  TRUSTS  OF  WILL— HEIR  AS 

PARTY. 
19 
In  suits  to  execute  the  trusts  of  a  will,  it  shall  not  be  necessary 
to  make  the  heir  at  law  a  party;  but  the  plaintiff  shall  be  at  liberty 
to  make  the  heir  at  law  a  party  where  he  desires. 


60  EQUITY   RULES 

BILL  OF  COMPLAINT— CONTENTS. 

20 

Hereafter  it  shall  be  sufficient  that  a  bill  in  equity  contain,  in 
addition  to  the  usual  caption: 

First,  the  full  name,  when  known,  of  each  plaintiff  and  defendant, 
and  the  citizenship  and  residence  of  each  party.  If  any  party  be 
under  any  disability  that  fact  shall  be  stated. 

Second,  a  short  and  simple  statement  of  the  ultimate  facts  upon 
which  the  plaintiff  asks  relief,  omitting  any  statement  of  mere 
evidence. 

Third,  if  there  are  persons  other  than  those  named  as  defend- 
ants who  appear  to  be  proper  parties,  the  bill  shall  state  why 
they  are  not  made  parties — as  that  they  are  not  within  the  juris- 
diction of  the  court. 

Fourth,  a  statement  of  and  prayer  for  any  relief  sought  pending 
the  suit  or  on  final  hearing,  which  may  be  stated  and  sought  in 
alternative  forms. 

JOINDER  OF  CAUSES  OF  ACTION. 

21 

The  plaintiff  may  join  in  one  bill  as  many  causes  of  action,  cogni- 
zable in  equity,  as  he  may  have  against  the  defendant.  But  when 
there  is  more  than  one  plaintiff,  the  causes  of  action  joined  must  be 
joint,  and  if  there  be  more  than  one  defendant  the  liability  must  be 
one  asserted  against  all  of  the  material  defendants,  or  sufficient 
grounds  must  appear  for  uniting  the  causes  of  action  in  order  to 
promote  the  convenient  administration  of  justice.  If  it  appear  that 
any  such  causes  of  action  can  not  be  conveniently  disposed  of 
together,  the  court  may  order  separate  trials. 

JOINT  AND  SEVERAL  DEMANDS. 

22 

In  all  cases  in  which  the  plaintiff  has  a  joint  and  several  demand 
against  several  persons,  either  as  principals  or  sureties,  it  shall  not 
be  necessary  to  bring  before  the  court  as  parties  to  a  suit  concern- 
ing such  demand  all  the  persons  liable  thereto;  but  the  plaintiff 
may  proceed  against  one  or  more  of  the  persons  severally  liable. 


EQUITY   RULES  61 

FRAME  OF  BILL. 
23 

1.  Caption. — The  caption  of  every  pleading  shall  contain  the 
names  of  all  the  parties  and  suitable  indications  of  the  capacity  in 
which  they  sue  or  are  sued,  and  shall  be  in  the  following  or  equiva- 
lent form : 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 


A. 

B. 

C. 

D. 

,  TRUSTEE, 

Plaintiffs, 

No. . 

vs. 

E. 

F., 

INFANT, 

In  Equity 

G. 

H. 

,  EXECUTOR, 

Defendants. 

2.  Introductory  Part. — Every  bill  shall  be  divided  into 
paragraphs  successively  numbered.  The  introductory  part  shall 
contain  the  names  and  places  of  abode  of  all  of  the  parties;  shall 
state  the  capacity  in  which  they  sue  or  are  sued,  and  which,  if 
any  of  them,  are  infants  or  otherwise  under  guardianship  or  dis- 
ability, and  shall  be  in  the  following  or  equivalent  form : 

BILL  OF  COMPLAINT. 

To  the  Supreme  Court  of  the  District  of  Columbia. 
Plaintiffs  state  as  follows: 

1.  The  plaintiff,  A.  B.,  is  a  citizen  of  the  United  States  and  a  resident  of  the 
District  of  Columbia,  and  brings  this  suit  in  his  own  right;  the  plaintiff,  C.  D., 

is  a  citizen  of  the  United  States  and  a  resident  of  the  State  of ,  and 

brings  this  suit  as  trustee  in  bankruptcy  of ,  of  the  city  of , 

State  of . 

2.  The  defendant,  E.  F.,  is  a  citizen  of  the  United  States  and  a  resident 

of  the  District  of  Columbia,  is  an  infant  of,  to  wit,  the  age  of years,  and 

is  sued  in  his  own  right;  the  defendant,  G.  H.,  is  a  citizen  of  the  United  States 

and  a  resident  of  the  District  of  Columbia,  and  is  sued  as  executor  of , 

deceased,  late  of  said  District. 

3.  Etc. 

DOCKETING  CAUSE. 
24 

1.  As  soon  as  the  bill  is  filed  the  clerk  shall  enter  the  cause 
upon  the  equity  docket  with  the  date  of  such  filing. 

2.  Dockets. — Separate  dockets  shall  be  kept  for  habeas  corpus, 
lunacy  and  adoption  proceedings. 


62  EQUITY  RULES 

PROCESS. 
25 

1.  Subpcena. — The  writ  of  subpoena  shall  be  the  proper  process 
in  the  first  instance,  in  equity  causes,  to  require  the  defendant 
to  appear  and  answer  the  exigency  of  the  bill. 

2.  Form  of  Writ. — Said  writ  shall  be  in  the  following  or  equiva- 
lent form:  (Caption) 

The  President  of  the  United  States  to ,  defendant: 

You  are  hereby  commanded  to  appear  in  this  court  on  or  before  the  tenth 

day,  exclusive  of  Sundays  and  legal  holidays,  after  the  day  of  the  service  of 

this  subpoena  upon  you  and  answer  the  exigency  of  the bill,  under 

pain  of  attachment  and  such  other  process  of  contempt  as  the  court  shall 

award;   and  if  your  appearance  in  this  suit  be  not  entered  in  the  clerk's  office 

within  said  time  the  bill  may  be  taken  for  confessed. 

Witness,  the  Honorable ,  Chief  Justice  of  said  court,  the 

day  of ,  A.  D.  19—. 

,   Clerk. 

By  ,  Assistant  Clerk. 


Attorney. 

26 

1.  Issuance. — No  writ  of  subpcena  shall  issue  in  a  cause  in 
equity  until  the  bill  shall  have  been  filed  in  the  clerk's  office. 
After  such  filing,  the  clerk  shall  issue  the  writ  as  of  course,  upon 
the  application  of  the  plaintiff.  Where  there  are  more  defendants 
than  one,  the  plaintiff  may  sue  out  a  separate  subpoena  for  each 
defendant,  or  a  joint  subpoena  against  all. 

2.  Service. — The  service  of  a  subpcena  shall  be  by  delivery  of 
a  copy  thereof  by  the  person  serving  the  same  to  the  defendant 
personally,  or,  if  such  personal  service  can  not  be  made,  by  leaving 
a  copy  thereof  at  the  dwelling  house  or  usual  place  of  abode  of  the 
defendant,  with  some  adult  person  who  is  a  member  of  or  resident 
in  his  family. 

3.  Return  Of. — The  writ  of  subpoena,  if  served,  shall  be  re- 
turned into  the  clerk's  office  forthwith,  and,  if  the  defendant  be 
not  found  shall  be  returned  on  the  tenth  day  after  the  issuance 
thereof. 

By  Whom  Served. — Unless  otherwise  provided  by  law  the 
service  of  all  process,  mesne  and  final,  shall  be  by  the  marshal  of 
the  district  or  his  deputy,   or  by  some  other  person   specially 


EQUITY    RULES  63 

appointed  by  the  court  or  justice  for  that  purpose.    In  the  latter 

case,  the  person  serving  the  process  shall  make  affidavit  showing 

the  manner  of  service. 

27 

Alias. — Whenever  a  subpoena  shall  be  returned  not  served 
as  to  any  defendant,  the  plaintiff  shall  be  entitled  to  other  sub- 
poenas, toties  quoties,  against  such  defendant,  if  he  shall  require 
it,  until  due  service  is  made;  provided,  that  such  other  subpoenas, 
when  not  served,  shall  be  returnable  on  the  next  day  occurring 
twenty  days  after  the  issuance  thereof. 

CLERK  OF  COURT. 
28 

1.  Directions  to. — Directions  to  the  clerk  for  the  preparation 
and  calendaring  of  causes  must  be  made  by  praecipe  filed  therein. 

2.  Applications  Grantable  of  Course. — All  applications  in 
the  clerk's  office  for  the  issuing  of  mesne  process  and  final  process 
to  enforce  and  execute  decrees;  for  filing  bills,  answers,  excep- 
tions, petitions,  and  other  pleadings;  for  calendaring  motions 
and  causes;  for  taxation  of  costs;  for  the  approval  of  bonds  and 
undertakings;  for  commissions  to  take  depositions,  and  for  other 
proceedings  in  the  clerk's  office  which  do  not  by  law,  the  rules, 
or  practice  of  the  court,  require  any  allowance  or  order  of  the 
court,  shall  be  deemed  applications  grantable  of  course  by  the 
clerk.  But  the  same  may  be  suspended,  altered,  or  rescinded  by 
the  court  upon  cause  shown. 

3.  Powers. — The  clerk  shall  have  power  to  approve  bonds  or 
undertakings  directed  by  the  court  or  required  by  the  rules  and 
to  issue  commissions  to  take  testimony. 

APPEARANCE  OF  DEFENDANT. 

29 

1.  Time  Of. — A  defendant  served  with  subpoena  must  appear 
on  or  before  the  tenth  day,  after  service  thereof. 

2.  Entry  of. — The  appearance  of  the  defendant,  either  per- 
sonally or  by  attorney,  shall  be  entered  by  praecipe  filed  in  the 
cause,  and  docketed  on  the  day  thereof  by  the  clerk. 


64  EQUITY  RULES 

30 

Default  of. — In  default  of  such  appearance  the  plaintiff  may, 
on  application,  obtain  an  order  that  the  bill  be  taken  pro  con- 
fesso,  and  thereupon  the  cause  shall  be  proceeded  with  ex  parte, 
and  the  matter  of  the  bill  may  be  decreed  by  the  court,  at  the 
expiration  of  twenty  days  thereafter,  if  the  same  can  be 
without  an  answer  or  evidence  and  is  proper  to  be  decreed;  or 
the  plaintiff,  if  he  requires  any  discovery  or  answer  to  enable 
him  to  obtain  a  proper  decree,  shall  be  entitled  to  process  of 
attachment  against  the  defendant  to  compel  an  answer;  and  the 
defendant  shall  not,  when  arrested  upon  such  process,  be  dis- 
charged therefrom  except  upon  filing  his  answer,  or  otherwise 
complying  with  such  order  as  the  court  may  direct,  as  to  pleading 
to  or  fully  answering  the  bill  within  a  period  to  be  fixed  by  the 
court,  and  undertaking  to  speed  the  cause. 

DECREE  AFTER  PRO  CONFESSO. 

31 

When  the  bill  is  taken  pro  confesso  the  court  may  proceed 
to  a  decree  at  the  expiration  of  twenty  days  thereafter,  and  such 
decree  shall  be  deemed  absolute,  unless  the  court  shall,  for  cause 
shown,  upon  motion  filed  within  ten  days  after  the  entry  of  such 
decree,  supported  by  affidavit  of  the  defendant,  set  the  decree 
aside  and  enlarge  the  time  for  filing  answer.  But  such  motion 
shall  not  be  granted  unless  upon  the  payment  of  the  costs  of  the 
plaintiff  up  to  that  time,  or  of  such  part  thereof  as  the  court  shall 
deem  reasonable,  nor  unless  the  defendant  shall  undertake  to  file 
his  answer  within  such  time  as  the  court  shall  direct,  and  shall 
submit  to  such  other  terms  as  the  court  shall  direct  for  the  purpose 
of  speeding  the  cause. 

DEFENSES— HOW  PRESENTED. 
32 

Demurrers  and  pleas  are  abolished.  Every  defense  in  point  of 
law  arising  upon  the  face  of  the  bill,  shall  be  made  by  motion  to 
dismiss.  Every  defense  heretofore  presentable  by  plea  in  bar  or 
abatement  shall  be  made  in  the  answer,  and  may  be  separately 


EQUITY  RULES  65 

heard  and  disposed  of  before  the  trial  of  the  principal  ease  in  the 

discretion  of  the  court.    If  the  defendant  move  to  dismiss  the  bill 

or  any  part  thereof,  the  motion  may  be  set  down  for  hearing  by 

either  party  upon  five  days'  notice,  and,  if  it  be  denied,  answer 

shall  be  filed  within  five  days  thereafter  or  a  decree  pro  confesso 

entered. 

33 

Time  of  Filing,  Default.— If  defense  is  not  made  by  motion 
the  defendant  must  file  his  answer  within  twenty  days  after  enter- 
ing his  appearance. 

Frame  OF. — The  answer  shall  be  divided  into  paragraphs  num- 
bered in  the  same  manner  as  the  bill,  and  each  paragraph  shall 
bear  the  same  number  as  the  paragraph  of  the  bill  to  which  it 
applies. 

ANSWER— CONTENTS— COUNTER-CLAIM. 

34 

The  defendant  in  his  answer  shall  in  short  and  simple  terms  set 
out  his  defense  to  each  claim"  asserted  by  the  bill,  omitting  any 
mere  statement  of  evidence  and  avoiding  any  general  denial  of 
the  averments  of  the  bill,  but  specifically  admitting  or  denying 
or  explaining  the  facts  upon  which  the  plaintiff  relies,  unless  the 
defendant  is  without  knowledge,  in  which  case  he  shall  so  state, 
such  statement  operating  as  a  denial.  Averments  other  than  of 
value  or  amount  of  damage,  if  not  denied,  shall  be  deemed  con- 
fessed, except  as  against  an  infant,  lunatic  or  other  person  non 
compos  and  not  under  guardianship,  but  the  answer  may  be 
amended,  by  leave  of  the  court  or  justice,  upon  reasonable  notice, 
so  as  to  put  any  averment  in  issue,  when  justice  requires  it.  The 
answer  may  state  as  many  defenses,  in  the  alternative,  regardless 
of  consistency,  as  the  defendant  deems  essential  to  his  defense. 

The  answer  must  state  in  short  and  simple  form  any  counter- 
claim arising  out  of  the  transaction  which  is  the  subject-matter 
of  the  suit,  and  may,  without  cross-bill,  set  out  any  set-off  or 
counter-claim  against  the  plaintiff  which  might  be  the  subject  of  an 
independent  suit  in  equity  against  him,  and  such  set-off  or  counter- 
claim, so  set  up,  shall  have  the  same  effect  as  a  cross-suit,  so  as  to 
enable  the  court  to  pronounce  a  final  judgment  in  the  same  suit 
both  on  the  original  and  cross-claims. 


66  EQUITY   RULES 

ANSWER  TO  AMENDED  BILL. 
35 

In  every  case  where  an  amendment  to  the  bill  shall  be  made  after 
answer  filed,  the  defendant  shall  put  in  a  new  or  supplemental 
answer  within  ten  days  after  that  on  which  the  amendment  or 
amended  bill  is  filed,  unless  the  time  is  enlarged  or  otherwise  or- 
dered by  a  justice  of  the  court ;  and  upon  his  default,  the  like  pro- 
ceedings may  be  had  as  in  case  of  an  omission  to  put  in  an  answer. 

36 

1.  Want  of  Parties,  Suggested  in  Answer. — When  the 
defendant  by  his  answer  suggests  that  the  bill  is  defective  for 
want  of  parties,  the  plaintiff  may,  within  ten  days  after  answer 
filed,  set  down  the  cau.se  for  argument  upon  that  objection  only; 
and  the  purpose  for  which  it  is  so  set  down  shall  be  stated  in 
writing  in  an  order  to  the  clerk  filed  in  the  cause  to  the  following 
effect:  "Set  down,  upon  the  defendant's  objection,  for  want  of 
parties."  The  plaintiff  shall  serve  a  copy  of  such  order  upon  the 
defendant  or  his  attorney  of  record,  together  with  a  notice  of  the 
time  of  the  hearing,  which  hearing  may  be  had  on  any  motion 
day  after  two  days'  notice. 

2.  Failure  to  Set  Down. — If  the  plaintiff  does  not  so  set 
down  his  cause,  but  proceeds  therewith  to  a  hearing,  notwith. 
standing  an  objection  for  want  of  parties  taken  by  the  answer, 
he  shall  not,  at  the  hearing  of  the  cause,  if  the  defendant's  objection 
shall  then  be  allowed,  be  entitled  as  of  course  to  an  order  for  leave 
to  amend  his  bill  by  adding  parties;  but  the  court  may,  in  its 
discretion,  dismiss  the  bill. 

37 

Omitted,  Decree  as  to. — If  a  defendant,  at  the  hearing  of  a 
cause,  shall  object  that  it  is  defective  for  want  of  parties,  not 
having  taken  the  objection  by  motion  or  answer  and  therein  speci- 
fied by  name  or  description  the  persons  to  whom  the  objection 
applies,  the  court  may  make  a  decree,  saving  the  rights  of  the 

absent  persons. 

38 

Nominal. — A  party,  not  being  an  infant,  against  whom  no  ac- 
count, payment,  conveyance,  or  other  direct  relief  is  sought,  need 


EQUITY   RULES  67 

not,  upon  service  of  the  subpoena  upon  him,  appear  and  answer 
the  bill,  unless  the  plaintiff  specially  requires  him  so  to  do  by  the 
prayer  of  his  bill,  but  may  do  so  at  his  option.  If  he  does  not 
appear  and  answer,  he  shall  be  bound  by  all  the  proceedings  in 
the  cause.  If  the  plaintiff  shall  require  him  to  appear  and  answer 
he  shall  be  entitled  to  the  costs  of  all  the  proceedings  against  him, 
unless  the  court  shall  otherwise  direct. 

TESTING  SUFFICIENCY  OF  DEFENSE. 

39 
Exceptions  for  insufficiency  of  an  answer  are  abolished.  But  if 
an  answer  set  up  an  affirmative  defense,  set-off  or  counter-claim, 
the  plaintiff  may,  upon  five  days'  notice,  or  such  further  time  as  the 
court  may  allow,  test  the  sufficiency  of  the  same  by  motion  to  strike 
out.  If  found  insufficient  but  amendable  the  court  may  allow  an 
amendment  upon  terms,  or  strike  out  the  matter. 

REPLY— WHEN  REQUIRED— WHEN  CAUSE  AT  ISSUE. 

40 
Unless  the  answer  assert  a  set-off  or  counter-claim,  no  reply  shall 
be' required  without  special  order  of  the  court  or  justice,  but  the 
cause  shall  be  deemed  at  issue  upon  the  filing  of  the  answer,  and 
any  new  or  affirmative  matter  therein  shall  be  deemed  to  be  denied 
by  the  plaintiff.  If  the  answer  include  a  set-off  or  counter-claim, 
the  party  against  whom  it  is  asserted  shall  reply  within  ten  days 
after  the  filing  of  the  answer,  unless  a  longer  time  be  allowed  by  the 
court  or  justice.  If  the  counter-claim  is  one  which  affects  the  rights 
of  other  defendants  they  or  their  attorneys  shall  be  served  with  a 
copy  of  the  same  within  ten  days  from  the  filing  thereof,  and  ten 
days  shall  be  accorded  to  such  defendants  for  filing  a  reply.  In 
default  of  a  reply,  a  decree  pro  conjesso  on  the  counter-claim  may  be 
entered  as  in  default  of  an  answer  to  the  bill. 

INJUNCTIONS. 

41 

No  preliminary  injunction  shall  be  issued  without  notice  to  the 
opposite  party. 

No  temporary  restraining  order  shall  be  granted  without  notice 


68  EQUITY    RULES 

to  the  opposite  party  unless  it  shall  clearly  appear  from  specific 
facts  shown  by  affidavit  or  by  the  verified  bill  that  immediate  and 
irreparable  injury,  loss,  or  damage  will  result  to  the  applicant 
before  notice  can  be  served  and  a  hearing  had  thereon.  Every 
such  temporary  restraining  order  shall  be  indorsed  with  the  date 
and  hour  of  issuance,  shall  be  forthwith  filed  in  the  clerk's  office 
and  entered  of  record,  shall  define  the  injury  and  state  why  it  is 
irreparable  and  why  the  order  was  granted  without  notice,  and 
shall  by  its  terms  expire  within  such  time  after  entry,  not  to  exceed 
ten  days,  as  the  court  or  judge  may  fix,  unless  within  the  time  so 
fixed  the  order  is  extended  for  a  like  period  for  good  cause  shown, 
and  the  reasons  for  such  extension  shall  be  entered  of  record.  In 
case  a  temporary  restraining  order  shall  be  granted  without  notice 
in  the  contingency  specified,  the  matter  of  the  issuance  of.  a  pre- 
liminary injunction  shall  be  set  down  for  a  hearing  at  the  earliest 
possible  time  and  shall  take  precedence  of  all  matters  except  older 
matters  of  the  same  character;  and  when  the  same  comes  up  for 
hearing  the  party  obtaining  the  temporary  restraining  order  shall 
proceed  with  the  application  for  a  preliminary  injunction,  and  if 
he  does  not  do  so  the  court  shall  dissolve  the  temporary  restrain- 
ing order.  Upon  two  days'  notice  to  the  party  obtaining  such 
temporary  restraining  order  the  opposite  party  may  appear  and 
move  the  dissolution  or  modification  of  the  order,  and  in  that  event 
the  court  or  judge  shall  proceed  to  hear  and  determine  the  motion 
as  expeditiously  as  the  ends  of  justice  may  require. 

No  preliminary  injunction  or  ne  exeat  shall  be  granted  unless 
prayed  in  the  bill. 

SAME— REQUISITES  OF  ORDER. 

42 

Every  order  of  injunction  or  restraining  order  shall  set  forth  the 
reasons  for  the  issuance  of  the  same,  shall  be  specific  in  terms,  and 
shall  describe  in  reasonable  detail,  and  not  by  reference  to  the  bill 
of  complaint  or  other  document,  the  act  or  acts  sought  to  be 
restrained. 


EQUITY  RULES  69 

SAME— SECURITY  ON  ISSUE. 

42a 

Except  as  otherwise  provided  by  law,  no  restraining  order  or 
interlocutory  order  of  injunction  shall  issue,  except  upon  the  giving 
of  security  by  the  applicant  in  such  sum  as  the  court  or  judge  may 
deem  proper,  conditioned  upon  the  payment  of  such  costs  and 
damages  as  may  be  incurred  or  suffered  by  any  party  who  may  be 
found  to  have  been  wrongfully  enjoined  or  restrained  thereby. 

INJUNCTION  PENDING  APPEAL. 

43 

When  an  appeal  from  a  final  decree  granting  or  dissolving  an 
injunction  is  taken  the  justice  may,  in  his  discretion,  make  an 
order  suspending,  modifying,  or  restoring  the  injunction  during 
the  pendency  of  the  appeal,  upon  such  terms,  as  to  bond  or  other- 
wise, as  he  may  consider  proper  for  the  security  of  the  rights  of 
the  opposite  party. 

DIVORCE. 
44 

1.  Copy  of  Petition  to  Absent  Defendant. — A  copy  of  the 
petition  shall  be  sent  by  registered  mail  by  the  clerk,  on  or  before 
the  first  day  of  the  publication  of  such  order,  addressed  to  the 
defendant  at  his  or  her  last  known  place  of  abode,  which  shall  be 
specifically  stated  under  oath  in  the  petition,  and  the  mailing  of 
such  copy  shall  be  proved  by  the  certificate  of  the  clerk  and  reg- 
istry receipt  filed  in  the  cause.  The  plaintiff's  attorney  shall 
comply  with  the  provisions  of  section  108  of  the  Code. 

2.  Clerk's  Certificate  of  Mailing  Petition. — The  certifi- 
cate of  the  clerk,  prescribed  by  section  one  of  this  rule,  shall  be 
in  the  following  or  equivalent  form: 

(Caption) 

I  hereby  certify  that,  in  accordance  with  the  provisions  of  section  1  of  equity 
rule  44,  I  have  this  day  mailed  a  copy  of  the  petition  in  the  above-entitled 
cause  to  the  defendant  herein,  at . 

,   Clerk 

By  : ,  Assistant  Clerk. 

,  19—. 


70  EQUITY   RULES' 

45 

For  Adultery. — No  divorce  shall  be  granted  for  adultery  un- 
less the  petition  charge  that  the  adultery  was  committed  without 
the  consent,  connivance,  privity,  or  procurement  of  the  petitioner, 
and  that  after  discovery  of  the  offense  the  petitioner  has  not  volun- 
tarily cohabited  with  the  defendant. 

46 

1.  Under  Age  of  Consent. — If  the  suit  be  for  nullity  of  mar- 
riage on  the  ground  that  the  petitioner  was  under  the  age  of 
consent  at  the  time  of  the  marriage,  it  shall  be  averred  in  the 
petition  that  the  parties  thereto  have  not  voluntarily  cohabited 
as  man  and  wife  after  the  petitioner  attained  said  age. 

2.  For  Fraud. — If  the  suit  be  for  nullity  of  marriage  on  the 
ground  that  the  petitioner's  consent  was  procured  by  fraud,  it 
must  be  averred  in  the  petition  that  there  has  been  no  voluntary 
cohabitation  between  the  parties  as  man  and  wife  after  knowledge 
of  such  fraud. 

3.  For  Insanity. — If  the  suit  be  for  nullity  of  marriage  on  the 
ground  of  petitioner's  lunacy,  it  must  be  averred  in  the  petition 
that  the  lunacy  still  continues,  or  that  the  parties  have  not  cohab- 
ited since  the  petitioner's  restoration  to  sanity. 

47 

Answer  and  Issue. — The  defendant  in  the  answer  may  set  up 
the  adultery  of  the  petitioner,  or  any  other  matter,  which  would 
be  a  bar  to  a  divorce  or  annulment  of  the  marriage;  and  if  issue 
be  taken  thereon  it  shall  be  tried  at  the  same  time,  in  the  same 
manner  as  the  other  matters  of  the  cause. 

48 

Testimony  and  Hearing  Causes. — In  suits  for  divorce,  or 
for  nullity  of  marriage,  the  court  shall  in  only  exceptional  cases 
order  a  reference  to  an  examiner  or  commissioner  to  take  proof; 
and  in  no  case  shall  such  reference  be  made  to  a  person  named  by 
either  party. 


EQUITY   RULES  71 

TRIAL  BY  MASTER. 
49 

In  any  case  in  which  the  parties  are  not  entitled  by  law  to  a  trial 
by  jury,  the  court  or  a  justice  in  vacation,  may  direct  a  reference 
to  a  Master.  Such  reference  shall  be  made  only  upon  a  showing 
that  some  exceptional  condition  requires  it,  or  upon  the  written 
consent  of  the  parties  filed  in  the  cause.  When  such  reference  is 
ordered,  the  party  at  whose  instance  or  for  whose  benefit  it  is  made 
shall  within  10  days,  unless  a  longer  time  be  specially  granted, 
cause  the  order  of  reference  to  be  presented  to  the  Master;  if  he 
shall  omit  to  do  so,  the  adverse  party  shall  be  at  liberty  forth- 
with to  cause  proceedings  to  be  had  before  the  Master,  at  the 
costs  of  the  party  procuring  the  reference. 

The  procedure  before,  and  the  powers,  rights  and  duties  of  the 
Master  shall  be  those  provided  in  these  rules  for  the  Auditor 
unless  otherwise  ordered  in  the  reference. 

The  Master  must  be  sworn  well  and  faithfully  to  hear  and  to 
examine  the  cause,  and  to  make  a  just  and  true  report  therein, 
according  to  the  best  of  his  understanding;  the  oath  may  be  ad- 
ministered by  any  person  authorized  to  take  depositions. 

50 

Rehearing. — Every  petition  for  a  rehearing  shall  contain  the 
special  matter  or  cause  on  which  such  rehearing  is  applied  for, 
shall  be  signed  by  counsel,  and  the  facts  therein  stated,  if  not 
apparent  on  the  record,  shall  be  verified  by  the  oath  of  the  party 
or  some  other  person.  Every  such  petition  shall  be  filed  within 
ten  days  after  the  final  decree  shall  have  been  passed  if  an  appeal 
lies  to  the  Court  of  Appeals  of  the  District  of  Columbia.  If  no 
appeal  lies,  the  petition  shall  be  filed  within  twenty  days  after 
such  final  decree. 

DECREES. 
51 

Mistakes  in. — Clerical  mistakes  in  decrees  or  decretal  orders, 
or  errors  arising  from  any  accidental  slip  or  omission,  may  at 
any  time  be  corrected  by  order  of  the  court  or  of  a  justice  thereof, 
upon  petition,  without  the  form  or  expense  of  a  rehearing. 


72  EQUITY   RULES 

52 

1.  Form  and  Substance  of. — In  drawing  decrees  and  orders 
neither  the  bill,  nor  answers,  nor  other  pleadings,  nor  any  part 
thereof,  nor  the  report  of  an  auditor  or  master,  nor  other  prior  pro- 
ceeding, shall  be  recited  or  stated  in  the  decree  or  order;  but  the 
decree  and  order  shall  begin,  in  substance,  as  follows:  "This  cause 
came  on  to  be  heard  (or  to  be  further  heard,  as  the  case  may  be)  at 
this  term;  and  thereupon,  upon  consideration  thereof,  it  is  this 

day  of ,    19 — ,  adjudged,  ordered,  and    decreed    as 

follows,  viz:"  (Here  insert  the  decree  or  order.) 

2.  For  an  Account  of  Personalty. — Every  decree  for  an 
account  of  the  personal  estate  of  a  testator  or  intestate  shall  con- 
tain a  direction  to  the  auditor,  to  whom  it  is  referred  to  take 
the  same,  to  inquire  and  state  to  the  court  what  parts,  if  any,  of 
such  personal  estate  are  outstanding  or  undisposed  of,  unless 
the  court  shall  otherwise  direct. 

3.  For  Specific  Act. — If  the  decree  be  for  the  performance 
of  any  specific  act,  as  for  example,  for  the  execution  of  a  con- 
veyance of  land,  or  the  delivery  of  possession,  or  the  delivering 
up  of  deeds  or  other  documents,  it  shall,  in  all  cases,  prescribe 
the  time  within  which  the  act  shall  be  performed,  of  which  the 
defendant  shall  be  bound  without  further  service  to  take  notice; 
and  upon  affidavit  of  the  plaintiff  or  his  attorney,  filed  in  the 
clerk's  office,  that  the  same  has  not  been  complied  with  within 
the  prescribed  time,  the  clerk  shall  issue  a  writ  of  attachment 
against  the  delinquent  party,  from  which,  if  attached  thereon, 
he  shall  not  be  discharged,  except  upon  a  full  compliance  with 
the  decree  and  the  payment  of  all  costs,  or  upon  a  special  order 
of  the  court,  upon  motion  and  affidavit,  enlarging  the  time  for 
the  performance  thereof.  If  the  delinquent  party  can  not  be 
found,  a  writ  of  sequestration  shall  issue  against  his  estate,  upon 
the  return  of  non  est  inventus,  to  compel  obedience  to  the  decree. 

4.  Decree  for  Deficiency  in  Foreclosures,  etc. — In  suits 
for  the  foreclosure  of  mortgages,  or  the  enforcement  of  other  liens, 
a  decree  may  be  rendered  for  any  balance  that  may  be  found  due 
to  the  plaintiff  over  and  above  the  proceeds  of  the  sale  or  sales, 
and  execution  may  issue  for  the  collection  of  the  same. 

5.  For   Possession. — When   any  decree   or  order  is   for  the 


EQUITY  RULES  73 

delivery  of  possession,  upon  proof  made  by  affidavit  of  a  demand 
and  refusal  to  obey  the  decree  or  order,  the  party  prosecuting 
the  same  shall  be  entitled  to  a  writ  of  assistance  from  the  clerk, 
which  shall  be  in  the  following  or  equivalent  form : 

(Caption.) 
The  President  of  the  United  States  to  the  Marshal  for  said  District,  greeting: 

The  defendant — ,  in  this  cause,  having  been,  by  decree 

or  order  of  court  herein,  pronounced  on  the day  of ,  A.  D. 

19 — .commanded  to  deliver  possession  to  the  plaintiff , of  the 

premises  in  said  decree  or  order  described,  to  wit: ,  and  proof 

having  been  made  by  affidavit  of  demand,  and  refusal  by  said  defendant  to 
obey  said  decree  or  order; 

Now,  therefore,  you  are  hereby  commanded  that,  immediately  after  the 
reception  of  this  writ,  you  enter  into  and  upon  the  premises  aforesaid,  and 
thence  eject  and  remove  all  and  every  person  or  persons  holding  possession 
of  the  same  against  the  tenor  of  said  decree  or  order,  and  that  you  put  and 

establish  the  said  plaintiff — ,  or  assigns,  in  full  and  peaceful 

possession  of  said  premises;  and  that  you  do,  from  time  to  time,  as  often  as 
shall  be  necessary,  preserve  and  defend  the  said  possession  of  said  premises 
against  all  force  and  interruption  whatsoever,  according  to  the  true  intent  and 
meaning  of  said  decree  or  order. 

Witness,  the  Honorable ,  Chief  Justice  of  said  court,  this 

day  of ,  A.  D.  19—. 

,   Clerk. 

By ,  Assistant  Clerk. 

PROCESvS  IN  BEHALF  OF  AND  AGAINST  PERSONS  NOT 

PARTIES. 
53 

Every  person,  not  being  a  party  in  any  cause,  who  has  obtained 
an  order,  or  in  whose  favor  an  order  shall  have  been  made,  may 
enforce  obedience  to  such  order  by  the  same  process  as  if  he  were 
a  party;  and  every  person,  not  being  a  party,  against  whom  obe- 
dience to  any  order  of  the  court  may  be  enforced,  shall  be  liable 
to  the  same  process  for  enforcing  obedience  to  such  orders  as  if 
he  were  a  party. 

EQUITY  CALENDAR. 
54 

1.  Entry  of  Cause  on. — No  cause  in  equity  shall  be  placed 
upon  the  trial  calendar  unless  the  same  be  at  issue  and  in  case  the 
same  has  been  referred  to  an  examiner,  is  ready  for  trial  or  be 


74  EQUITY   RULES 

properly  set  down  for  hearing  on  bill  and  answer,  or  bill,  answer, 
and  replication,  or  bill  and  decree  pro  confesso.  Any  such  cause 
may  be  ordered  by  either  party  or  his  attorney  to  be  placed  upon 
the  calendar  for  a  given  term,  provided  such  order  be  given  to 
the  clerk  and  notice  thereof  to  the  opposite  party  or  his  attorney 
of  record  at  least  five  days  previous  to  the  first  day  of  such  term. 

55 

Applications  for  taking  testimony  otherwise  than  in  open  court 
need  not  be  entertained,  unless  on  motion,  made  and  submitted 
to  the  court  before  the  cause  is  written  on  the  calendar. 

CONTINUANCES. 
56 
After  a  cause  is  placed  on  the  trial  calendar  it  shall  not  be 
continued  beyond  the  term  save  in  exceptional  cases  by  order 
of  the  court  upon  good  cause  shown  by  affidavit  and  upon  such 
terms  as  the  court  shall  in  its  discretion  impose.  Continuances 
beyond  the  term  by  consent  of  the  parties  shall  be  allowed  on 
condition  only  that  a  stipulation  be  signed  by  counsel  for  all  the 
parties  and  that  all  costs  incurred  theretofore  be  paid.  There- 
upon an  order  shall  be  entered  dropping  the  case  from  the  trial 
calendar,  subject  to  reinstatement  within  one  year  upon  applica- 
tion to  the  court  by  either  party,  in  which  event  it  shall  be  heard 
at  the  earliest  convenient  day.  If  not  so  reinstated  within  the 
year,  the  suit  shall  be  dismissed  without  prejudice  to  a  new  one. 

HEARINGS. 
57 

1.  Uncontested  Matters. — Hearings  of  uncontested  matters 
shall  be  had  at  the  opening  of  court,  before  the  regular  assign- 
ment is  taken  up. 

2.  Reading,  or  Brief  of,  Testimony. — Extended  reading  of 
testimony  will  not  be  permitted  upon  hearings,  but  counsel  will 
be  expected  to  state,  substantially,  and  may  read,  so  much  thereof 
as  may  be  necessary  to  support  their  argument,  touching  the 
findings  of  fact  which  are  to  be  made  or  the  propositions  of  law 
which  are  claimed  to  be  applicable;  and,  when  the  testimony  is 
voluminous,  shall  furnish  the  court  a  brief  thereof. 


EQUITY   RULES  75 

DISCOVERY— INTERROGATORIES— INSPECTION  AND 
PRODUCTION  OF  DOCUMENTS— ADMISSION  OF 
EXECUTION  OR  GENUINENESS. 

58 

The  plaintiff  at  any  time  after  filing  the  bill  and  not  later  than 
twenty-one  days  after  the  joinder  of  issue,  and  the  defendant  at  any 
time  after  filing  his  answer  and  not  later  than  twenty-one  days 
after  the  joinder  of  issue,  and  either  party  at  any  time  thereafter 
by  leave  of  the  court  or  judge,  may  file  interrogatories  in  writing 
for  the  discovery  by  the  opposite  party  or  parties  of  facts  and 
documents  material  to  the  support  or  defense  of  the  cause,  with 
a  note  at  the  foot  thereof  stating  which  of  the  interrogatories  each 
of  the  parties  is  required  to  answer.  But  no  party  shall  file  more 
than  one  set  of  interrogatories  to  the  same  party  without  leave 
of  the  court  or  judge. 

If  any  party  to  the  cause  is  a  public  or  private  corporation,  any 
opposite  party  may  apply  to  the  court  or  judge  for  an  order  allow- 
ing him  to  file  interrogatories  to  be  answered  by  any  officer  of  the 
corporation,  and  an  order  may  be  made  accordingly  for  the  exam- 
ination of  such  officer  as  may  appear  to  be  proper  upon  such  inter- 
rogatories as  the  court  or  judge  shall  think  fit. 

Copies  shall  be  filed  for  the  use  of  the  interrogated  party  and 
shall  be  sent  by  the  clerk  to  the  respective  attorneys  of  record,  or  to 
the  last  known  address  of  the  opposite  party  if  there  be  no  record 
attorney. 

Interrogatories  shall  be  answered,  and  the  answers  filed  in  the 
clerk's  office  within  fifteen  days  after  they  have  been  served,  unless 
the  time  be  enlarged  by  the  court  or  justice.  Each  interrogatory 
shall  be  answered  separately  and  fully  and  the  answers  shall  be  in 
writing,  under  oath,  and  signed  by  the  party  or  corporate  officer 
interrogated.  Within  ten  days  after  the  service  of  interrogatories 
objections  to  them,  or  any  of  them,  may  be  presented  to  the  court 
or  justice,  with  proof  of  notice  of  the  purpose  so  to  do,  and  answer 
shall  be  deferred  until  the  objections  are  determined,  which  shall  be 
at  as  early  a  time  as  is  practicable.  In  so  far  as  the  objections  are 
sustained,  answers  shall  not  be  required. 

The  court  or  justice,  upon  motion  and  reasonable  notice,  may 
make  all  such  orders  as  may  be  appropriate  to  enforce  answers  to 


76  EQUITY   RULES 

interrogatories  or  to  effect  the  inspection  or  production  of  docu- 
ments in  the  possession  of  either  party  and  containing  evidence 
material  to  the  cause  of  action  or  defense  of  his  adversary.  Any 
party  failing  or  refusing  to  comply  with  such  an  order  shall  be 
liable  to  attachment,  and  shall  also  be  liable,  if  a  plaintiff,  to  have 
his  bill  dismissed,  and,  if  a  defendant,  to  have  his  answer  stricken 
out  and  be  placed  in  the  same  situation  as  if  he  had  failed  to  answer. 
By  a  demand  served  ten  days  before  the  trial,  either  party  may 
call  on  the  other  to  admit  in  writing  the  execution  or  genuineness  of 
any  document,  letter  or  other  writing,  saving  all  just  exceptions; 
and  if  such  admission  be  not  made  within  five  days  after  such 
service,  the  cost  of  proving  the  document,  letter  or  writing  shall 
be  paid  by  the  party  refusing  or  neglecting  to  make  such  admission, 
unless  at  the  trial  the  court  shall  find  that  the  refusal  or  neglect 
was  reasonable. 

TESTIMONY— HOW  TAKEN. 
59 

In  trials  in  equity  the  testimony  of  witnesses  shall  be  heard 
orally  by  the  court  as  in  actions  at  law,  unless  in  particular  cases 
the  court  otherwise  order. 

When  evidence  is  offered  and  excluded,  and  the  party  against 
whom  the  ruling  is  made  excepts  thereto  at  the  time,  he  may  bring 
the  question  into  the  record  in  the  statement  of  evidence  on  appeal. 
(As  amended  April  25,  1919.) 

The  court  may  order  the  testimony  of  all  or  some  of  the  wit- 
nesses in  such  a  cause  to  be  taken  before  one  of  the  examiners  of 
the  court  or  before  a  special  examiner,  appointed  by  the  court, 
under  such  limitations  as  the  court  may  order. 

vSuch  examination  shall  take  place  in  the  presence  of  those  of  the 
parties,  their  agents,  or  attorneys,  as  may  attend,  and  the  wit- 
nesses shall  be  examined  as  near  as  may  be  in  the  mode  used  in  the 
court. 

The  questions  and  answers  shall  be  reduced  to  writing  by  the 
examiner;  provided,  that  on  consent  of  parties,  the  examiner  may 
take  down  the  testimony  of  a  witness  in  narrative  form. 

At  the  request  of  either  party  the  deposition  of  a  witness  shall, 
under  the  direction  of  the  examiner,  be  taken  down  by  a  stenog- 


EQUITY  RULES  77 

rapher  or  typewriter,  as  the  examiner  may  elect,  and  when  taken 
down  stenographically,  shall  be  put  into  type  or  other  writing. 

After  reduction  to  writing,  the  testimony  of  each  witness  shall 
be  read  over  to  him  and  signed  by  him  in  the  presence  of  the  ex- 
aminer, and  of  such  of  the  parties  or  counsel  as  may  attend;  pro- 
vided, that  if  the  witness  shall  refuse  to  sign  his  deposition  so  taken, 
the  examiner  shall  sign  the  same,  stating  upon  the  record  the 
reasons,  if  any,  assigned  by  the  witness  for  such  refusal. 

The  examiner  may  certify  to  the  court  any  special  matters, 
occurring  during  an  examination;  and  any  question  or  questions 
which  may  be  objected  to  shall  be  noted  by  the  examiner  upon  the 
deposition,  but  he  shall  not  have  power  to  decide  on  the  compe- 
tency, materiality;  or  relevancy  of  the  questions;  the  court  shall 
deal  with  the  costs  of  incompetent,  immaterial,  or  irrelevant  depo- 
sitions, or  parts  of  them,  as  may  be  just. 

In  case  of  refusal  of  a  witness  to  attend,  to  be  sworn,  or  to  answer 
any  question  put  by  the  examiner,  qr  by  counsel  or  attorney,  the 
same  practice  shall  be  adopted  as  is  now  practiced  with  respect  to 
witnesses  to  be  produced  on  examination  before  an  examiner  of 
said  court  on  written  interrogatories. 

When  the  examination  of  witnesses  before  the  examiner  is  con- 
cluded, the  original  depositions,  authenticated  by  the  signature  of 
the  examiner,  shall  be  transmitted  by  him  to  the  clerk  of  the  court, 
to  be  there  filed  of  record,  in  the  same  mode  as  prescribed  in  section 
865  of  the  Revised  Statutes. 

Testimony  may  be  taken  on  commission  in  the  usual  way,  by 
written  interrogatories  and  cross  interrogatories,  on  motion  to  the 
court  in  term  time,  or  to  a  justice  in  vacation,  for  special  reasons, 
satisfactory  to  the  court  or  justice. 

The  expense  of  taking  down  depositions  by  a  stenographer  and 
of  transcribing  them  shall  be  paid  in  the  first  instance  by  the  party 
calling  the  witness,  and  shall  be  imposed  by  the  court,  as  part  of 
the  costs,  upon  such  party  as  the  court  shall  adjudge  should  ulti- 
mately bear  them. 

60 

1.  Before  Commissioner,  Auditor,  or  Examiner. — Wit- 
nesses who  live  within  the  District  of  Columbia  may  be  sum- 
moned   to   appear   before    the   commissioner   appointed   to   take 


78  EQUITY   RULES 

testimony,  or  before  an  auditor  or  examiner  taking  testimony  in 
any  cause,  by  subpoena  in  the  usual  form,  to  be  issued  by  the 
clerk,  requiring  the  attendance  of  the  witnesses  at  the  time  and 
place  specified.  The  refusal  of  a  witness  to  appear,  or  to  give 
testimony,  shall  be  deemed  a  contempt  of  court,  and  upon  such 
refusal  being  certified  to  the  court  by  the  commissioner,  auditor, 
or  examiner,  an  attachment  may  issue  by  order  of  court,  in  the 
same  manner  as  if  the  contempt  were  for  not  attending,  or  for 
refusing  to  give  testimony  in  court.  Nothing  herein  contained 
shall  prevent  the  examination  of  witnesses  viva  voce  in  open  court, 
if  the  court  shall  deem  it  advisable. 

2.  Spa.  Ad  Test;  Form  oe. — The  writ  of  subpoena  to  a  witness 
shall  be  in  the  following  or  equivalent  form : 

(Caption.) 

The  President  of  the   United  States  to ,  greeting: 

You  are  hereby  commanded  to  appear  as  a  witness —  for  the— 

before ,  at ,  on  the  day 

of : ,  19 — ,  at  —  o'clock  —  \l.,  and  not  depart  without  leave. 

Witness,  the  Honorable ,  Chief  Justice  of  said  court,  this 

day  of ,  A.  D.  19—. 

,  Clerk- 

By  ,  Assistant  Clerk. 

BILL  OF  REVIVOR. 

61 

Whenever  a  cause  in  equity  shall  become  abated,  it  may  be 
revived  by  a  bill  of  revivor,  or  a  bill  in  the  nature  of  a  bill  of  re- 
vivor, as  the  circumstances  of  the  case  may  require,  filed  by  the 
proper  parties  entitled  to  revive  the  same,  which  bill  may  be  filed 
in  the  clerk's  office  at  any  time;  and  upon  suggestion  of  the  facts 
the  proper  process  of  subpoena  shall,  as  of  course,  be  issued  by  the 
clerk,  requiring  the  proper  persons  to  appear  and  show  cause, 
if  any  they  have,  why  the  cause  should  not  be  revived,  and  if  no 
cause  be  shown  within  ten  days  after  service  of  said  process  the 
cause  shall  stand  revived,  as  of  course.  (See  sections  235  to  251 
of  Code.) 


EQUITY   RULES  79 

BILL  OF  REVIEW. 
62 

No  bill  of  review  shall  be  filed  unless  within  two  years  after 
the  entry  of  the  decree  or  order,  with  the  exception  specified  in 
the  proviso  to  section  1008  of  the  Revised  Statutes  of  the  United 

AUDITOR  OF  COURT. 
63 

Calling  Reference  to  Attention  of. — Whenever  any  mat- 
ter is  referred  to  the  auditor  of  the  court,  the  party  at  whose  in- 
stance or  for  whose  benefit  the  reference  is  made,  shall,  on  the 
day  the  order  is  signed,  furnish  a  full  copy  thereof  to  the  auditor, 
and  shall,  within  ten  days  after  such  reference,  cause  the  same 
to  be  brought  to  the  attention  of  the  auditor  for  the  purpose 
of  fixing  the  time  for  a  hearing.  If  he  shall  omit  to  do  so,  the  ad- 
verse party  shall  be  at  liberty  forthwith  to  apply  to  the  auditor 
to  fix  such  time,  or  the  auditor  may  advise  the  attorneys  for  the 
respective  parties  that  he  is  ready  to  proceed  with  the  cause. 
(As  amended  December  12,  1918.) 

64 

Hearings  Before. — Upon  every  reference  the  auditor  shall,  as 
soon  as  he  reasonably  can  after  the  same  is  brought  before  him, 
assign  a  time  and  place  for  proceeding  in  the  same,  and  give  due 
notice  thereof  to  each  of  the  parties  or  his  attorney;  and  if  either 
party  fail  to  appear  at  the  time  and  place  appointed,  the  auditor 
may  proceed  ex  parte,  or,  in  his  discretion,  adjourn  the  examina- 
tion and  proceedings  to  a  future  day,  giving  notice  to  the  absent 
party  or  his  attorney  of  such  adjournment.  The  auditor  shall 
proceed  with  all  reasonable  diligence  in  every  reference,  and  either 
party  may  apply  to  the  court,  for  an  order  to  the  auditor  to  speed 
the  proceedings,  and  to  make  his  report,  and  to  certify  to  the  court 

the  reasons  for  any  delay. 

65 

Powers  of. — The  auditor  shall  regulate  proceedings  in  hear- 
ings before  him  upon  references ;  and  he  shall  have  full  authority — 

1.  To  examine  the  parties  in  the  cause  upon  oath  touching  all 
matters  contained  in  the  reference; 

2.  To  require  the  production  of  all  books,  papers,  writings, 
vouchers,  and  other  documents  applicable  thereto; 


8 J  EQUITY   RULES 

3.  To  examine  on  oath,  viva  voce,  all  witnesses  produced  by 
the  parties,  before  him,  and  to  order  the  examination  of  other 
witnesses  to  be  taken,  under  a  commission  to  be  issued  upon 
his  certificate  from  the  clerk's  office,  or  by  deposition  according 
to  the  acts  of  Congress,  or  otherwise,  as  herein  provided; 

4.  To  direct  the  mode  in  which  the  matters  requiring  evidence 
shall  be  proved  before  him,  and 

5.  To  do  all  other  acts  and  direct  all  other  inquiries  and  pro- 
ceedings in  the  matters  before  him  which  he  may  deem  necessary 
for  the  proper  determination  of  the  rights  of  the  parties. 

66 

1.  Account  Before. — Parties  accounting  before  the  auditor 
shall  file  their  respective  accounts  in  the  form  of  debit  and  credit; 
a  party  not  satisfied  with  an  account  so  filed  may  examine  the 
accounting  party  viva  voce,  or  upon  interrogatories  in  the  auditor's 
office,  or  by  deposition,  as  the  auditor  shall  direct. 

2.  Documentary  Evidence  Before. — Affidavits,  depositions, 
and  documents  which  have  been  previously  made,  read,  or  used 
in  the  court,  upon  any  proceeding  in  the  cause  or  matter,  may  be 
used  before  the  auditor  and  each  paper  produced  and  admitted 
in  evidence  or  a  copy  thereof,  shall  be  marked  by  him  as  filed. 

3.  Examination  of  Claimant. — The  auditor  may  examine 
persons  claiming  before  him,  either  upon  written  interrogatories 
or  viva  voce,  or  in  both  modes,  as  the  nature  of  the  case  may 
appear  to  him  to  require. 

4.  Evidence  Taken  Down. — The  evidence  upon  such  examina- 
tion shall  be  taken  down  by  the  auditor  or  by  some  other  person 
by  his  order  and  in  his  presence,  if  either  party  requires  it. 

67 

1.  Compensation  of. — Beginning  as  of  March  1,  1915,  the 
compensation  of  the  auditor  shall  not  exceed  $5,000  a  year, 
which  amount  shall  be  paid  from  the  fees  of  his  office  in  equal 
monthly  sums,  and  the  surplus  over  and  above  such  sums  and  the 
expenses  of  his  office,  to  be  approved  by  the  court,  shall  be  de- 
posited in  the  registry  of  the  court  annually. 

2.  Deposit  of  Moneys. — The  auditor  shall  deposit  all  sums 


EQUITY   RULES  81 

received  by  him  for  fees  or  otherwise  in  a  bank  or  banks,  trust 
company  or  trust  companies,  designated  for  the  deposit  of  funds 
in  bankruptcy,  and  all  disbursements  of  his  office  shall  be  made 
through  vouchers  drawn  on  such  deposits  by  checks  to  be  counter- 
signed by  one  of  the  justices. 

3.  Receipts  and  Disbursements. — The  auditor  shall  account 
to  the  court  on  the  first  day  of  June,  1915,  and  every  three  months 
thereafter,  for  all  his  receipts  and  disbursements,  and  generally 
as  to  the  conduct  of  his  office. 

4.  Bond. — The  auditor  shall  give  a  bond  with  surety  to  be 
approved  by  the  court  in  the  penal  sum  of  $10,000  conditioned 
for  the  faithful  performance  of  his  duty. 

5.  Preparation  of  Reports. — The  auditor  shall  not  return 
a  report  until  his  fees  therefor  be  paid  or  secured  to  his  satisfaction, 
unless  otherwise  ordered  by  one  of  the  justices. 

6.  Payment  of  Fees  to  be  Enforced  by  Attachment.— 
Whenever  any  party  shall  refuse  or  neglect  to  pay  fees  of  the 
auditor,  including  the  expense  of  reporting  the  testimony,  after 
approval  of  the  fees  by  the  court  and  an  order  by  the  court  for 
their  payment,  a  rule  shall  issue  requiring  such  party  to  show 
cause,  on  a  day  certain,  why  he  should  not  be  adjudged  to  be  in 
contempt.  Upon  failure  of  such  party  to  satisfactorily  answer 
such  rule,  a  writ  of  attachment  shall  issue  directing  the  marshal 
to  bring  such  party  before  the  court,  to  be  dealt  with  according 
to  law. 

REPORT  OF  AUDITOR. 

88 

1 .  The  auditor,  as  soon  as  his  report  is  ready,  shall  return  the 
same  into  the  clerk's  office,  and  the  day  of  the  return  shall  be 
entered  by  the  clerk  on  the  docket. 

2.  Evidence  Before,  With  Report. — All  evidence  taken 
down  before  the  auditor  shall  be  returned  by  him  with  his  report 
and  be  considered  a  part  thereof. 

3.  Notice  of  Filing  Report. — Upon  the  day  on  which  the 
report  is  filed  with  the  clerk,  the  auditor  shall  mail  a  notice  thereof 
to  each  attorney  appearing  in  the  cause  addressed  to  him  at  his 
place  of  business  or  abode,  if  known  to  the  auditor;  otherwise  it 


82  EQUITY  RULES 

shall  be  addressed  to  him  at  the  city  of  Washington.  Proof  of 
such  notice  shall  not  be  necessary  to  the  ratification  of  the  report, 
and  failure  to  send  such  notice  shall  not  be  ground  for  reopening  it- 

69 

Confirmation  of,  and  Exceptions  to,  Report. — The  parties 
shall  have  ten  days  from  the  time  of  filing  the  auditor's  report  to 
file  exceptions  thereto,  and  if  no  exceptions  are  within  that  period 
filed  the  report  may  be  confirmed. 

2.  Frivolous  Exceptions. — In  order  to  prevent  the  filing  of 
exceptions  to  an  auditor's  report  for  frivolous  reasons  or  for  mere 
delay,  the  exceptor  shall,  for  every  exception  overruled,  pay  five 
dollars  costs  to  the  other  party,  and  for  every  exception  allowed 
shall  be  entitled  to  the  same  costs  from  the  other  party. 

STENOGRAPHER— APPOINTMENT— FEES. 

70 
When  deemed  necessary  by  the  court  or  officer  taking  testimony 
a  stenographer  may  be  appointed  who  shall  take  down  testimony  in 
shorthand  and,  if  required,  transcribe  the  same.  His  fee  shall  be 
fixed  by  the  court  and  taxed  ultimately  as  costs.  The  expense  of 
taking  a  deposition,  or  the  cost  of  a  transcript,  shall  be  advanced  by 
the  party  calling  the  witness  or  ordering  the  transcript. 

DOWER,  CURTESY  AND  LIFE  ESTATE. 

71 

1.  Dower. — The  allowance  to  a  healthy  woman  in  lieu  of  her 

right  of  dower  in  land  sold  under  decrees,  shall  be  as  follows, 

except  when  otherwise  specifically  provided  by  statute.    (See  Code, 

sections  89  and  149.) 

Under  30  years  of  age One-sixth. 

Above  30  and  under  35 Two-thirteenths 

Above  35  and  under  40 One-seventh. 

Above  40  and  under  45 Two-fifteenths. 

Above  45  and  under  51 One-eighth. 

Above  51  and  under  56 One-ninth. 

Above  56  and  under  61 One-tenth. 

Above  61  and  under  67 One-twelfth. 

Above  67  and  under  72 One-fourteenth. 

Above  72  and  under  77 One-eighteenth. 

Above  77 One-twentieth. 


EQUITY   RULES  83 

2.  Curtesy  and  Life  Estate. — Allowance  to  a  healthy  tenant 
for  life  shall  be  three  times  the  allowance  in  lieu  of  dower  to  a 
widow  of  the  same  age. 

COURT  SALES. 
72 

1.  Directions  as  to. — In  sales  of  real  estate  under  decree  of 
court  the  directions  to  trustee  or  other  officer  to  make  sale  as 
to  the  manner  of  proceeding,  approval,  and  filing  of  bond,  pub- 
lication, payment  of  purchase  money,  accounting  to  the  court, 
conveyance  to  purchaser,  return  of  purchase  money  into  court, 
questions  of  said  officer's  commissions,  and  authority  to  him 
to  pay  taxes  on  property,  shall  be  omitted  from  such  decree  and 
in  no  case  set  out  in  extenso,  but  shall  be  made  a  part  thereof 
only  by  reference  to  this  rule,  except  that  in  cases  where  the  pro- 
visions of  this  rule,  or  any  of  them,  may  be  inapplicable,  such 
other  terms  as  the  exigency  of  the  case  requires  shall  be  added. 

The  course  and  manner  of  said  officer's  proceedings  under 
decree  for  the  sale  of  real  estate  shall  be  as  follows:  He  shall 
first  file  with  the  clerk  a  bond  to  the  United  States  of  America, 
executed  by  him,  with  a  surety  or  sureties  to  be  approved  by 
the  court,  in  a  penalty  to  be  named  in  the  decree,  conditioned 
for  the  faithful  performance  of  the  trust  reposed  in  him  by  the 
decree  or  which  may  be  reposed  in  him  by  any  future  order  or 
decree  in  the  premises;  he  shall  then  proceed  to  sell  said  real 
estate,  having  given  at  least  ten  days'  previous  notice  by  publi- 
cation, to  be  inserted  in  a  daily  newspaper,  named  in  the  decree, 
published  in  the  District  of  Columbia,  of  the  time,  place,  man- 
ner, and  terms  of  sale,  which  terms  shall  be  as  follows:  One- 
third  of  the  purchase  money  to  be  paid  in  cash  and  the  balance 
in  two  equal  installments,  payable  in  one  and  two  years  from 
day  of  sale,  and  to  be  represented  by  the  promissory  notes  of  the 
purchaser  bearing  interest  at  the  rate  of  6  per  centum  per  annum, 
payable  semi-annually,  and  secured  by  deed  of  trust  on  the  prop- 
erty sold,  or  all  cash,  at  the  option  of  the  purchaser;  and  as  soon 
as  may  be  convenient  after  any  such  sale  the  said  officer  shall 
return  to  the  court  a  full  and  particular  account  of  the  same, 


84  EQUITY  RULES 

with  an  affidavit  of  the  truth  thereof  and  of  the  fairness  of  such 
sale  annexed ;  and  on  the  ratification  thereof  by  the  court  the  said 
officer,  by  good  and  sufficient  deed,  to  be  executed  and  acknowledged 
agreeably  to  law,  shall  convey  to  the  purchaser  or  purchasers  of 
said  property,  and  to  his,  her,  or  their  respective  heirs  and  assigns, 
the  property  to  him,  her,  or  them  sold,  free,  clear,  and  discharged  of 
all  claim  of  the  parties  to  the  cause,  and  of  any  person  or  persons 
claiming  by,  from,  or  under  them,  or  any  of  them;  and  the  said 
officer  shall  bring  into  court  the  money  arising  on  such  sale  or 
sales  and  the  notes,  if  any,  which  may  be  taken  for  the  deferred 
payments,  to  be  disposed  of  under  the  direction  of  the  court,  after 
deducting  therefrom  the  costs  of  suit  and  such  commissions  to  said 
officer  as  the  court  may  allow,  but  no  order  or  decree  relieving 
such  officer  or  the  surety  on  his  bond  from  liability  shall  be  made 
unless  and  until  said  money  and  notes,  if  any,  shall  have  been 
either  deposited  in  the  registry  of  the  court,  or  distributed  to 
the  parties  in  interest  and  proper  receipt  therefor  filed  in  the  suit 
or  proceeding  in  which  such  sale  or  sales  shall  have  taken  place. 
Said  officer  being  authorized  to  pay  all  taxes  and  assessments 
against  said  property,  if  any,  to  day  of  sale,  and  to  be  allowed 
credit  therefor  in  his  account.  (As  amended  October  18,  1918.) 
2.  Decree  of  Sale,  Form  oe. — The  clerk  shall  provide  and 
keep  in  his  office,  for  distribution  among  attorneys,  a  blank  form 
of  decree  under  this  rule,  in  the  following  or  equivalent  form : 

(Caption.) 

This  cause  coming  on  to  be  heard  at  this  term  upon  the  pleadings  and  testi- 
mony, and  having  been  submitted  and  considered  by  the  court,  it  is,  this 

day  of  ,  A.  D.  19 — ,  adjudged,  ordered,  and  decreed  that  the  real 

estate  mentioned  and  described  in  the  bill  of  complaint,  as  follows: 

be  sold ;  that be,  and 

he hereby,  appointed  trustee to  make  said  sale,  giving  bond  in  the 

penalty  of dollars  ($ );    and  that  the  advertisement  of  said  sale 

be  made  in  the newspaper. 

It  is  further  ordered  that  the  provisions  of  equity  rule  72  be  in  all  respects 
complied  with  . 


Justice. 
3.  Orders  Nisi,  Form  of. — The  clerk  shall  provide  and  keep 
in  his  office  for  distribution  among  attorneys,  a  blank  form  of  the 
order  nisi,  which  shall  be  in  the  following  or  equivalent  form : 


EQUITY   RULES  85 

(Caption.) 

A.  B.  and  CD.,  trustees,  having  reported  sale  of 

(describe  (1)  property),  situate  in  the of  Washington,  said  District, 

toE.F.  for  $ , (2),  it  is  this day  of ,  19—, 

ordered  that  said  sale  be  ratified  and  confirmed  by  the  court  unless  cause  to  the 

contrary  be  shown  before  the  day  of  ,   191 — ,  provided  a 

copy  of  this  order  be  published  in  each  of  three  successive  issues  of  The  Wash- 
ington Law  Reporter ,  prior  to  the  expiration  of  said  period. 


Justice. 


( 1)  Say,  lot ,  square .    If  the  description  is  by  metes  and  bounds 

add,  "fully  described  in  the "  (bill  of  complaint  or  decree  of  sale). 

(2)  If  sale  be  by  brokers  entitled  to  commission,  add,  "subject  to  payment 
of  broker's  commission  of  — per  cent." 

4.  Advertisement,  Contents  of. — A  trustee  or  other  person 
authorized  or  directed  by  the  court  to  advertise  property  for  sale 
shall  append  to  the  advertisement  his  name  and  a  reference  to  his 
place  of  business  or  residence,  and  he  may  add  to  such  advertise- 
ment the  name  and  calling  of  the  person  employed  to  cry  the  sale, 
but  shall  not  otherwise  enhance  the  cost  thereof. 

5.  Present  at  Sale. — At  every  such  sale  the  trustee  or  other 
officer  making  the  sale  shall  be  present,  and  shall  in  person  receive 
the  deposit  required  in  such  case;  and  he  shall  in  no  case  entrust 
the  payment  of  the  advertising  and  other  expenses  to  the  person 
employed  to  cry  the  sale. 

6.  Report  of  Compliance  with  Rule. — In  his  report  of  the 
sale  to  the  court  the  trustee  or  other  officer  making  the  sale  shall 
state  under  oath  whether  he  has  complied  with  the  provisions  of 
this  rule. 

7.  Ratification. — Upon  the  filing  of  a  report  of  sale  of  real 
estate  by  such  trustee  or  other  officer,  the  court,  in  its  discretion, 
with  or  without  cause  shown,  may  immediately  ratify  such  sale  or 
may  pass  an  order  nisi  on  such  sale  for  such  time  and  requiring 
publication  thereof,  or  without  publication,  as  the  court  in  such 
order  may  determine. 

8.  Auctioneer. — The  compensation  of  the  person  employed 
to  cry  any  sale  of  realtor  leasehold  estate,  made  by  authority  or 
direction  of  the  court,  shall  be  one-eighth  of  one  per  cent  of  the 
amount  for  which  the  property  shall  sell:      Provided,  that  such 


86  EQUITY  RULES 

compensation  shall  not  be  less  in  any  ease  than  ten  dollars.  For 
an  ineffectual  effort  to  sell,  such  crier  may  be  paid  not  exceeding 
five  dollars. 

9.  Commissions  on  Court  Sales. — 

On  sales  under  decrees  or  orders  of  the  court  the  following  allowances  are 
made  to  trustees  or  other  officers  making  same : 

On  the  first  $300,  7  per  cent $21.00— 

On  the  second  $300,  6  per  cent 18.00 —  39.00 

On  the  third  $300,  5  per  cent.__ 15.00 —  54.00 

On  the  fourth  $300,  4  per  cent 12.00—  66.00 

On  the  fifth  $300,  3j^  per  cent...- 10.50—  76.50 

On  the  sixth  $300,  3j^  per  cent : 10.50—  87.00 

On  the  seventh  $300,  3  per  cent 9.00—  96.00 

On  the  eighth  $300,  3  per  cent 9.00—  105.00 

On  the  ninth  $300,  2^  per  cent 7.50—  1 12.50 

On  the  tenth  $300,  2}/£  per  cent 7.50 —  120.00 

And  three  per  cent  on  all  above  three  thousand  dollars,  besides  an  allowance 
for  expenses  not  personal.  The  above  allowance  subject  to  be  increased  in 
cases  of  postponement  at  the  request  of  defendants  or  of  extraordinary  difficulty 
or  trouble  from  other  circumstances,  and  to  be  lessened  in  case  of  negligence, 
at  the  discretion  of  the  court. 

TRUST  FUNDS 

73 

1.  On  or  before  the  first  day  of  May,  1916,  and  within  thirty 
days  prior  to  the  first  of  the  same  month  in  every  year  thereafter, 
it  shall  be  the  duty  of  every  trustee,  committee,  or  receiver,  ap- 
pointed by  a  decree  or  order  of  a  justice  of  the  equity  branches  of 
the  court,  and  of  every  trustee  executing  or  administering  any 
trust  howsoever  created  under  the  order  and  supervision  of  any 
branch  of  the  court,  other  than  the  probate  branch,  and  all  fi- 
duciaries administering  any  estate  in  any  branch  of  the  court,  in- 
cluding testamentary  trustees,  with  the  single  exception  of  the 
probate  branch,  to  file  with  the  clerk  of  the  court  a  report  or 
account,  verified  by  his  oath,  in  which  he  shall  fully  and  clearly 
set  forth  the  nature  of  all  assets  held  by  him  in  such  fiduciary 
capacity;  the  place  or  places  where  any  trust  moneys  or  securities 
are  deposited,  and  in  what  name;  the  nature  and  particu- 
lars of  all  securities,  real  and  personal;  whether  the  same  were 
received  by  him  in  the  same  form  as  parts  of  the  trust  estate, 


EQUITY   RULES  87 

or  are  investments  made  by  him.  And  as  soon  as  such 
report  or  account  shall  have  been  filed,  it  shall  be  the  duty  of  the 
clerk  to  note  the  filing  thereof  upon  the  docket  of  the  cause  or  pro- 
ceeding, and  forthwith  transmit  the  same  to  the  auditor  for  ex- 
amination and  verification;  the  auditor  shall  as  soon  as  may  be, 
at  some  convenient  time  and  place  to  be  fixed  by  him  or  by  the 
court,  cause  said  trustee,  committee,  receiver  or  other  fiduciary 
to  exhibit  to  him  all  the  securities  reported  by  such  trustee,  com- 
mittee, receiver  or  other  fiduciary,  and  ascertain  whether  or  not 
the  same  correspond  with  such  report  or  account;  and  he  shall 
also  examine  and  ascertain  the  correctness  or  incorrectness  of  the 
statements  of  the  report  or  account,  with  respect  to  all  deposits  of 
money  stated  in  said  account  or  report  as  existing  when  the  report 
or  account  is  filed ;  and  the  auditor  shall  immediately  file  with  the 
clerk  a  written  report  of  the  result  of  such  examination  and  verifi- 
cation. 

2.  The  auditor  is  authorized  to  demand  and  receive  for  his 
services  the  following  fees,  unless  the  court  otherwise  order: 

Where  the  assets  of  the  estate  shall  not  exceed  $500,  no  fee. 
Where  the  assets  exceed  $500,  and  do  not  exceed  $1,000,  fee,  $1. 
Where  the  assets  exceed  $1 ,000,  and  do  not  exceed  $2,000,  fee,  $2. 
Where  the  assets  exceed  $2,000,  and  do  not  exceed  $3,000,  fee,  $3. 
Where  the  assets  exceed  $3,000,  and  do  not  exceed  $4,000,  fee,  $4. 
Where  the  assets  exceed  $4,000,  and  do  not  exceed  $50,000) 
fee,  $5. 

Where  the  assets  exceed  $50,000,  fee,  $10. 

3.  The  clerk  shall,  on  the  tenth  business  day  of  May,  in  each 
year,  report  to  the  court  the  names  of  all  trustees,  committees, 
receivers  or  other  fiduciaries  amenable  to  this  rule,  designating 
such  as  have  complied  and  such  as  have  failed  to  comply  with  the 
same;  and  any  trustee,  committee,  receiver  or  other  fiduciary  who 
fails  to  comply  therewith,  shall  be  held  thereby  to  have  forfeited 
his  office,  and  the  court  shall  forthwith  appoint  a  successor  unless 
the  court,  for  cause  shown,  excuse  such  failure.  (As  amended 
May  7,  1919.) 

Note. — Equity  Rule  73  no  longer  governs  the  practice  of  the 
Probate  Court,  reference  being  made  to  Probate  Rule  18,  pro- 
mulgated April  21,  1915. 


88  EQUITY  RULES 

74 

1.  Report  of. — Whenever  it  shall  appear  that  a  fund  in  the 
hands  of  a  receiver,  trustee,  committee,  or  other  fiduciary  will 
remain  undistributed  for  a  period  exceeding  ninety  days  from 
the  receipt  thereof  by  him,  he  shall,  within  thirty  days  after  such 
receipt,  report  to  the  court,  in  writing,  under  oath,  the  amount  of 
such  fund,  where  and  in  what  name  deposited,  and  the  period  for 
which  it  will  probably  remain  undistributed,  and  the  court  may 
thereupon  make  such  order  with  respect  to  the  disposition  thereof 
as  to  it  shall  seem  proper. 

2.  Fiduciary's  Bond,  Form  of. — The  bond  required  by  decree 
of  any  fiduciary  before  entering  on  his  duty  shall  be  in  the  follow- 
ing or  equivalent  form : 

(Caption.) 

Know  all  Men  by  These  Presents,  That  we,  ,  all  of 

the  District  of  Columbia,  acknowledge  ourselves  indebted  to  the  United  States 

of  America  in  the  penal  sum  of dollars,  for  the  payment  of  which 

we  bind  ourselves  and  every  of  our  heirs,  executors,  and  administrators,  suc- 
cessors or  assigns,  jointly  and  severally,  for  and  in  the  whole.     Sealed  with 

our  seals,  and  dated  this day  of ,  A.  D.  19 — . 

Whereas  the  said ha —  been  duly  appointed 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 
shall  well  and  truly  perform  his  duties  as  such and 


shall  in  all  things  obey  such  order  and  decree  as  this  court  shall  make  in  the 
premises,  then  the  above  obligation  to  be  void  and  of  no  effect;    else  to  be  in 
full  force  and  virtue. 
Witness  : 


Approved  this day  of ,  1 9- 


-[seal.] 
[seal.] 


Justice,  S.  CD.  C. 

THESE   RULES   EFFECTIVE   DECEMBER    1,    1913— OLD 

RULES   ABROGATED. 
75 

These  rules  shall  be  in  force  on  and  after  December  1,  1913,  and 
shall  govern  all  proceedings  in  cases  then  pending  or  thereafter 
brought,  save  that  where  in  any  then  pending  cause  an  order  has 
been  made  or  act  done  which  can  not  be  changed  without  doing 
substantial  injustice,  the  court  may  give  effect  to  such  order  or  act 
to  the  extent  necessary  to  avoid  any  such  injustice. 

All  rules  heretofore  prescribed,  regulating  the  practice  in  suits 
in  equity,  shall  be  abrogated  when  these  rules  take  effect. 


INDEX  TO  LAW  AND  EQUITY  RULES. 


Rule. 


Law. 


14 
14 

14 


Abatement — 

plea  in  to  be  accompanied  by  affidavit  as  to  truth 

plea  in,  in  equity,  abolished 

defense  of,  in  equity,  by  answer 

Absent  defendant — 

copy  of  petition  for  divorce  to  be  sent  by  clerk  to 
Absent  parties — 

may  be  dispensed  with,  when.. 

decree  to  be  without  prejudice  to  rights  of 

bill  to  state  reason  why  not  made  parties 

saving,  in  decree,  as  to  rights  of 

Account — 

of  personal  estate  of  decedent,  direction  to  auditor 
Accounting — 

before  auditor,  proceedings  on 

by  auditor,  of  fees,  etc 

by  trustee,  etc.,  as  to  trust  funds.... 

Action  or  suit  (see  Actions  Ex  Contractu)  — 

how  commenced 

appeal  from  or  plea  of  title  before  municipal  court 

deposit  for  costs  to  be  made  by  plaintiff  or  appel- 
lant unless  dispensed  with  by  order  of  court 

clerk  to  enter  cause  on  docket,  when 

in  cases  of  certiorari  from  municipal  court  on 
ground  of  concurrent  jurisdiction,  petitioner  to 
make  deposit  for  costs 

in  such  cases,  plaintiff  to  make  deposit  on  filing 
declaration 

on  intervening  petition,  etc.,  petitioner  to  make 
deposit  for  costs 

additional  deposit,  clerk  may  require 

consolidation  of  causes  for  trial 

separate  trial  of  several  causes  of  action  stated  in 
same  declaration 

to  be  in  name  of  real  party  in  interest 

causes  of,  joinder  of,  in  suit  in  equity 

joint  and  several  demands,  suit  in  equity  on, 
parties  to 

docketing  of 

transfer  of  cause  from  law  to  equity  side  of  court, 

and  vice  versa 

Actions  ex  contractu — 

provisions  of  rule  73  made  applicable  to  cases  of 
certiorari  to  municipal  court  on  ground  of  con- 
current jurisdiction  

where  there  are  several  defendants,  judgment  may 
be  taken  against  any  making  default   and  the 

action  proceeded  with  against  the  others     

(l) 


14 

14 

14 
14 
44 

44 


76 


21 


57 


Eq. 


14 


15 
21 

22 
23 


Page. 


32 
32 

44 

18 
18 
20 
37 

52 

66 
67 
73 


26 
64 
64 

69 

59 
59 
60 
66 

72 

80 
81 

85 

17 
17 

17 
17 


IS 

18 

18 
18 
37 

37 
58 
60 

60 
61 

54 


22 


43 


11 


INDEX  TO   LAW   AND    EQUITY   RULES 


Rule. 

Page. 

Law. 

Eq. 

Actions  ex  contractu — Continued. 

when   affidavit   accompanies   declaration,   plea  in 
bar  must  be  accompanied  by  affidavit  of  defense, 
or  plaintiff  entitled  to  judgment           

73 
73 
73 

73 

73 
73 

53 

affidavit  of  plaintiff,  what  to  state..         

53 

of  defendant,  what  to  state                   

53 

acknowledgment  by  defendant  of  liability  for  part 
of  plaintiff's  claim,  right  of  plaintiff  on 

53 

rule  inapplicable  in  actions  against  decedent's  rep- 
resentatives  unless   plaintiff's   affidavit   alleges 
contract  was  made  with  or  promise  made  by 
them 

53 

corporation  defendant,  who  may  make  affidavit  of 
defense 

54 

Administrator — 

may  sue  in  his  own  name 

15 

58 

Admission  to  the  bar  {see  Attorneys) — 

application  for   how  to  be  made                  

5 
5 
5 

5 
5 
5 
5 
5 
5 
5 

42 

7 

application  for,  to  be  filed  with  clerk 

7 

application  for,  by  attornev  admitted  elsewhere 

7 

application,  to  be  referred  to  committee  on  exami- 
nation                                                

7 

requirements  for  . 

7 

application  for,  what  to  state                

7 

examination  of  applicants  for  .                      

7 

fee  to  be  paid  for 

8 

oath  to  attorney,  form  of 

8 

clerk's  fee  for 

8 

Admission    of    documents    {see    Documents,    Admis- 
sion of)   ..                                     

35,  36 

Adoption — 

proceedings,  separate  docket  to  be  kept  for 

24 

61 

Advertising — 

rates  to  be  paid  for  when  done  under  order  of  court 

68 

9 
9 

19 
19 

21 

21 
21 

22 

24 

50 

Affidavit— 

of  plaintiff  in  attachment  before  judgment,  form 
of.. 

11 

supporting   affidavit   in   attachment   before  judg- 
ment, form  of                                                    

11 

of  plaintiff  on  appeal  from  municipal  court  in  land- 
lord and  tenant  proceeding,  summary  judgment 
on                                            

19 

of  defendant  on  such  appeal                 

20 

to  be  filed  with  petition  for  certiorari  to  munici- 
pal court  on  ground  of  concurrent  jurisdiction .... 

summary   judgment   on,    in   cases   certified    from 
municipal  court 

21 

21 

of  defense,  in  cases  certified 

22 

applications  for  special  remedial  writs  to  be  veri- 
fied by                                        

22 

copy  of,  accompanying  declaration,  to  be  served 
with  writ 

22 

INDEX   TO    LAW    AND   EQUITY    RULES 


ill 


Affidavit — Continued. 

of  publisher,  etc.,  to  be  proof  of  publication 

copy  of,  to  be  served , 

plea  in  abatement  to  be  accompanied  by 

plea  after  last  continuance  to  be  accompanied  by.... 

proof  of  signature  not  required  unless  denied  by.... 

application  for  continuance  to  be  supported  by 

motion  to  vacate  judgment  to  be  supported  by 

plea  accompanying  motion  to  vacate  judgment  by 
default  to  be  verified  by 

plea  to  sci.  fa.  or  action  on  judgment  to  be  treated 
as  a  nullity  unless  accompanied  by 

of  sureties  on  undertaking  to  discharge  mechanic's 
lien,  form  of 

summary  judgment  on,  in  actions  ex  contractu, 
for  want  of  affidavit  of  defense 

corporation  defendant,  who  may  make 

pleadings  in  equity  to  be  verified  by 

by  whom  made._ 

before  whom  made.....: . 

to  be  signed  by  affiant  and  certified  to  on  same 
sheet  by  officer  before  whom  made 

certificate  of  officer  as  evidence 

of  service  of  process  by  person  specially  designated 

supporting  motion  to  set  aside  decree  pro  confesso 

as  to  facts  on  which  temporary  restraining  order  is 
asked... 

as  to  mailing  copy  of  order  on  petition  for  divorce 

to  facts,  on  petition  for  rehearing 

of  plaintiff,  as  to  failure  of  defendant  to  perform 
decree 

of  defendant,  on  motion  to  enlarge  time  for  per- 
forming decree... 

to  support  application  to  continue  equity  cause 

before  auditor,  to  be  filed 

account  of  court  sale  by  trustee,  etc.,  to  be  sup- 
ported by 

Affirmation — 

may  be  made  in  lieu  of  oath 

Agent — 

of  corporation,  affidavit  of  defense  by,  on  appeal  in 
landlord  and  tenant  proceeding 

affidavit  to  plea  in  abatement  by 

affidavit  by,  in  actions  ex  contractu 

verification  of  pleading  by 

Agreed  issues  of  fact — 

may  be  stated  in  writing  for  trial  after  return  of 
service  of  declaration,  etc 

judgment  on 


Rule. 


Law. 


Eq. 


24 
25 
28 
32 
41 
45 
61 

61 

67 

69 

73 

73 


39 


19 

28 
73 


10 
10 
11 

11 
11 
26 
31 

42 
44 
50 

52 

52 
56 
66 

72 


10 


40 
55 


Page. 


23 
23 
26 
29 
35 
38 
45 

45 

50 

52 

53 

53 

56 

56,  57 

57 

57 
57 
63 

64 

68 
69 

71 

72 

72 
74 
80 

83 

34 


20 
26 
53 
57 


35 
43 


IV 


INDEX  TO    LAW    AND   EQUITY   RULES 


Agreements — 

to  be  in  writing  and  signed  by  parties  or  counsel.... 
Amendment — 

after  demurrer  at  law  sustained. 

of  pleadings  in  equity,  to  effect  certainty 

of  answer  in  equity.. 

of  bill,  answer  to 

of  bill,  to  add  new  parties 

of  answer  held  insufficient 

Annulment  of  marriage  (see  Marriage,  Annulment  of) 

Answer — 

of  garnishee  in  attachment,  when  to  be  filed 

failure  of  plaintiff  in  attachment  to  joint  issue  on., 
exceptions  to,  to  be  entered  on  motion  calendar.... 

equity  court  always  open  for  filing  of. 

scandal,  etc.,  in,  may  be  ordered  stricken  out 

presumptions  of  law  and  matters  taken  judicial 

notice  of  not  to  be  stated 

to  specifically  admit  or  deny  material  averments 

of  fact  in  bill 

on  failure  specifically  to  deny,  etc.,  may  be  stricken 

from  files. 

to  be  verified  by  affidavit 

attachment  to  compel 

to  be  filed  on  setting  aside  decree  pro  confesso 

defenses  heretofore  presentable  by  plea  to  be  made 

by - .-- 

motion  to  dismiss,  for  matters  arising  on  face  of  bill 

when  to  be  heard 

on  denial  of,  answer  to  be  filed 

when 

when  to  be  filed 

frame  of,  divided  into  numbered  paragraphs 

averments  not  denied  by  deemed  confessed,  when 

amendment  of,  by  leave  of  court,  on  notice 

may  state  all  defenses  deemed  essential 

may  state  defenses  in  the  alternative,   although 

inconsistent 

counter-claim  or  set-off,  may  be  pleaded  in 

effect  of  pleading 

to  amended  bill,  when  to  be  filed  _ 

default  of,  proceedings  on 

parties,  want  of  suggested  in,  proceedings  on. 

failure  to  set  down 

parties,  omitted,  saving  as  to  rights  of 

nominal  party  not  required  to  file,  when 

sufficiency  of,  exceptions  for  abolished 

tested  by  motion  to  strike  out,  when 
amendment  of,  if  held  insufficient.... 

cause  at  issue  on  filing  of,  when 

new  matter  in,  deemed  denied  by  plaintiff 


Rule. 


Page. 


Law. 


Eq- 


23 
31 


9 
10 
33 


5 
34 
35 
36 
39 
/46 
148 


1 

6 

9 

9 

34 

9 
10 
30 
31 

32 
32 
32 

32 
33 
33 
34 
34 
34 

34 
34 
34 
35 
35 
36 
36 
37 
38 
39 
39 
39 
40 
40 


22 

28 
55 
65 
66 
66 
67 
70 


14 
14 
29 

55 
56 

56 
56 

65 

56 
56 
64 
64 

64 
64 
65 

65 
65 
65 
65 
65 
65 

65 
65 
65 
66 
66 
66 
66 
66 
66 
67 
67 
67 
67 
67 


INDEX  TO   LAW   AND   EQUITY   RULES 


Rule. 


Law. 


A  n  swer — Continued . 

reply  to,  when  set-off  or  counter-claim  pleaded.... 
copy  of,  to  be  served  on  defendants  affected  by 

counter-claim  or  set-off  pleaded  in 

default  of,  pro  confesso  to  be  entered 

of  defendant,  in  suit  for  divorce,  may  set  up  adul- 
tery of  petitioner,  etc - 

issue  on,  in  such  case,  how  tried 

Appeal — 

injunction  pending,  when  granted 

bond  on 

Appeal  calendar — 

cases  appealed  from  municipal  court  to  be  entered 

on ; 

summons  to  appellee,  form  of 

failure  of  appellant  to  pay  marshal's  fee.... 

cases  certified   from  municipal   court  on  plea  of 

title  to  be  entered  on... 

Appeals  from  municipal  court — 

papers  and  transcript  of  docket  to  be  filed 

appellant  to  make  deposit  for  costs 

to  be  entered  on  appeal  calendar 

summons  to  appellee,  form  of 

dismissed  on  failure  of  appellant  to  pay  marshal's 

fee  for  serving  summons 

summary  judgment  on  affidavit  on  appeal  in  land- 
lord and  tenant  proceeding 

Appeals  to  Court  of  Appeals— 

when  to  operate  as  supersedeas,  bond  to  be  given... 
bond  on,  to  be  filed  within  20  days  after  judgment 

form  of. 

citation,  form  of 

transcript  of  record,  copies  of  papers  to  show  date 

of  filing 

date  of  order,  etc.,  included  in  transcript  to  be 

noted  at  head  thereof 

transcript  of  record,  caption  of  papers  to  be  omitted 

from 

certificate  showing  entry  and  date  of  appeal,  form 

of  

injunction  pending,  bond  on 

Appear an ce — 

of  defendant,  in  equity,  when  and  how  to  be  made 

to  be  entered  on  docket 

default  of,  proceedings  on 

Applications  grantable  of  course — 

by  clerk,  what  are. 

Argument  (see  Hearings) — 

setting  cause  down  for,  on  objection  of  want  of 

parties 

Argument  of  causes — 

number  of  counsel  to  be  heard 

time  allowed  for 


17 
17 
17 

20 

14 
14 
17 
17 

18 

19 

62 
62 
62 
62 

63 

63 

63 

63 


Eq. 


40 

40 
40 

47 

47 

43 
43 


43 

29 
29 
30 

28 


36 


49 
49 


Page. 


67 

67 
67 

70 
70 

69 
69 


19 
19 
19 

20 

17 
17 
19 
19 

19 

19 

45 
45 
45 
46 

46 

47 

47 

47 
69 

63 
63 
64 

63 

66 

39 

40 


VI 


INDEX  TO    LAW   AND   EQUITY   RULES 


Rule. 


Law. 


Argument  op  causes — Continued. 

court  may  increase  or  reduce  time  or  permit  addi- 
tional counsel  to  be  heard 

counsel  with  right  to  open  and  close  may  divide 

time  as  he  deems  best 

where  more  than  one  counsel  on  a  side  is  allowed, 
they  may  divide  time  allowance  as  they  agree... 

in  equity,  reading  of  testimony  on 

Arrest  of  judgment — 

motion  for,  continuation  of  term  for  deposition  of 

to  state  grounds.... 

to  be  filed  within  four  days  after  verdict 

to  be  noted  on  minutes  on  day  filed- 

may  be  heard  with   motion   for  new 

trial,  etc. 

to  be  submitted  within  15  days  after 
verdict,    unless    time    is    extended; 

if  not,  overruled 

if  overruled,  judgment  to  be  entered... 
if  new  trial  be  refused,  judgment  may  be  arrested 
Assignment— 

for  motion  day,  clerk  to  enter  matters  on 

Assistance — 

writ  of,  when  to  be  issued 

form  of 

Attachment  (in  Equity) — 

to  compel  answer 

to  compel  answer  to  amended  bill 

for  failure  to  perform  decree  for  specific  act 

for  refusal  to  answer  interrogatories  or  produce 

document : 

of  witness  for  contempt  in  refusal  to  testify 

to  enforce  payment  of  auditor's  fees..... 

Attachment  and  garnishment — 

bond  to  discharge,  notice  of  application  for  ap- 
proval of._ 

affidavit  of  plaintiff,  form  of. 

supporting  affidavit,  form  of._ 

bond  on,  form  of._ 

writ  of,  form  of 

notice    to    garnishee    to    answer    interrogatories, 

form  of 

answer  of  garnishee,  issue  on. 

if  issue  not  joined  in  ten  days,  garnishee  entitled  to 

judgment 

on  judgment  and  notice,  form  of 

interrogatories  and  notice  to  gar- 
nishee, form  of 

Attachment  for  rent — 

writ,  form  of 

Attorneys  (see  Admission  to  the  bar) 

oath  of,  on  admission  to  bar 

suspension  and  removal  of,  causes  for 


49 
49 
49 


46 
46 
46 

46 


46 
46 
46 

33 


7 
9 
9 
9 
9 

9 
10 

10 
66 

66 

11 
5 
5 
6 


Page. 


Eq. 


57 
1 


52 
52 

30 
35 
52 

58 

59,60 

67 


40 

40 

40 
74 

5 
38 
38 
38 

38 


38 
38 

38 

29 

73 

73 

64 
66 


76 

77,  78 

81 


10 
11 
12 
12 
13 

14 
14 

14 
49 

50 

14 
7 
8 
8 


INDEX  TO   LAW   AND    EQUITY   RULES 


Vll 


Attorneys  (see  Admission  to  the  bar) — Continued. 

committee  on  grievances,  duties  of.... 

charges  against,  copy  of  and  notice  to  be  served 

penalty  on  conviction  of 

conduct   of,    in   judicial    proceeding,    inquiry   by 

grievance  committee  as  to._ 

alleged  misconduct,  charges  of,  committee  on  griev- 
ances to  inquire  into  all  cases 

proceedings  where  accused  can  not  be  served  with 

charges 

court  may  direct  charges  to  be  preferred 

in  active  practice  not  to  be  accepted  as  surety  on 

bond,  etc.,  requiring  approval 

of  corporation,  affidavit  of  defense  by 

affidavit  to  plea  in  abatement  by 

to  enter  appearance  on  being  retained  in  criminal 

case 

notice  to  of  trial  of  criminal  case  where  indictment 

has  been  pending  18  months  or  more 

signature  of,  to  be  annexed  to  pleadings. 

effect  of 

counsel  in  equity  causes  to  be  designated  as 

Auctioneer — 

compensation  of,  on  court  sales 

Auditor — 

clerk  may  deliver  papers  to,  in  cases  referred 

not  to  permit  papers  to  be  taken  from  his  office 

decree  referring  cause  to  for  account  of  personal 

estate  of  decedent,  what  to  contain 

attendance  of  witnesses  before,  how  enforced 

attention  of,  to  be  called  to  reference,  when 

hearings  before,  fixing  time  for._ 

proceedings  on 

on  failure  of  party  to  appear,  may  proceed  ex  parte 

adjournment  of  examination 

powers  of 

accounting  before,  proceedings  on 

evidence  in  cause  may  be  used  before 

documentary  evidence  before  to  be  filed 

creditor  or  claimant  may  be  examined  by,  orally 

or  upon  written  interrogatories 

evidence  to  be  taken  down  if  required  by  either 

party 

compensation  of 

fees,  surplus  above  compensation  and  expenses  of 

office  to  be  deposited  annually  in  registry  of 

court 

fees,  etc.,  received  by,  to  be  deposited 

receipts  and  disbursements,  account  of 


Rule. 


Page. 


Law. 


Eq. 


6 

6 
6 

6 

6 

6 
6 

7 
19,73 

28 

70 
72 


54 
54 


12 
12 
14 

72 


52 
60 
63 
64 
64 
64 
64 
65 
66 
66 
66 

66 

66 
67 


67 
67 
67 


8 
8 
9 


10 

10 

11 

20,  54 

26 

52 

53 
58 
58 

58 

85 

42 
42 

72 
77 
79 
79 
79 
79 
79 
79 
80 
80 
80 

80 

80 
80 


80 
80 
81 


Vlll 


INDEX  TO   LAW    AND   EQUITY   RULES 


Auditor — Continued. 

bond  of 

report  of,  not  returned  until  fees  paid  or  secured — 

fees  of,  attachment  to  enforce  payment  of 

report  of,  when  to  be  returned 

evidence  to  be  returned  with 

notice  of  filing  to  be  given  attorneys 

exceptions  to,  when  to  be  filed 

copy    of,    to    be    served, 

when 

to  be  entered  on  motion 

calendar 

hearing  on,  rule  as  to 

of,    when    no    exceptions 


confirmation 
filed 

frivolous  exceptions  to,  costs  of 

exceptions  to,  sustained,  costs  of 

account  of  trustee,  etc.,  to  be  examined  by 

fees  of,  for  examining  account  of  trustees,  etc 


B. 


Bail- 


notice  to  of  trial  of  criminal  case,  when. 


Bar- 

admission  to,  rule  as  to 

suspension  and  removal  of 

members  of,  in  active  practice,  not  to  be  accepted  as 

surety .__ 

Bills  and  notes— 

forms    of    declarations    on 

Bill  of  complaint — 

equity  court  always  open  for  filing  of 

contents  of 

parties  under  disability,  fact  to  be  stated 

omitted,  reason  for  to  be  stated 

prayer  for  relief,  may  be  in  alternative  form 

joinder  of  causes  of  action  in 

joint  and  several  demands,  suit  against  one  or  more 

parties  liable 

frame  of 

caption,  to  gives   names  and   capacity   in   which 

parties  sue  or  are  sued 

form  of 

introductory  part,  what  to  contain 

form  of._ 

amendment  of  (see  Amendment) 

to  be  docketed  as  soon  as  filed 

Bills  of  exceptions — 

continuation  of  term  for  settlement  of 

exception  must  be  taken  at  time  ruling  is  made 

several  exceptions  may  be  included  in  one  bill 

to  be  prepared  by  counsel 


Rule. 


Law. 


25 

33 
33 


72 

5 
6 

6 

27 


1 
47 
47 

48 


Page. 


Eq. 


67 
67 
67 
68 
68 
68 
69 


69 
69 
69 
73 
73 


1 
20 
20 
20 
20 
21 

22 
23 

23 
23 
23 
23 
5,36 
24 


81 
81 
81 

81 
81 
81 

82 

23 

29 
29 

82 
82 
82 
86 
87 


53 

7 
8 

11 

25 

55 
60 
60 
60 
60 
60 

60 
61 

61 
61 
61 
61 
55,  66 
61 

5 
39 
39 
39 


INDEX  TO   UW  AND   EQUITY  RULES 


IX 


given  opposing 


Bills  of  exceptions — Continued. 

when  to  be  submitted 

notice,  with  copy  of  bill,   to  be 

counsel 

fact  of  settling  and  signing  to  be  noted  on  minutes 

if  court  unable  to  settle,  new  trial  to  be  granted 

submission,  etc.,  not  affected  by  expiration  of  term 

rule  applicable  to  pending  cases 

in  equity  causes..._ 

Bill  of  review — 

when  to  be  filed. __ 

Bill  of  revivor — 

when  to  be  filed. 

proceedings  on__ 

Bill,  supplemental  (see  Supplemental  Pleadings) 

Bonds  and  undertakings — 

notice  of  application  for  approval,  when  required.... 

notice  of  application  for  approval,  contents  of 

corporation  surety,  certificate  of  clerk  as  to  author 

ity  and  agent... 

surety  on,  not  to  be  named  in  alternative 

when  insufficient,  court  may  require  further  se- 
curity  

members  of  bar  in  active  practice  and  officers  of 

court  not  to  be  accepted  as  surety 

bond  of  plaint  ff  in  attachment,  form  of 

undertaking  of  plaintiff  in  replevin,  form  of 

of  defendant  in  replevin,  form  of 

of  non-resident  plaintiff,  for  costs 

of  defendant  on  plea  of  title  before 

municipal  court..... 

bond  on  appeal  to  Court  of  Appeals,  when  to  be 

given 

bond  on  appeal  to  Court  of  Appeals,  form  of 

undertaking  to  discharge  mechanic's  lien,  form  of 

power  of  clerk  to  approve 

security  to    be  given  on  application  for  prelimi- 
nary injunction 

bond  for  injunction  pending  appeal 

of  auditor,  penalty  of 

bond  of  trustee  for  sale  of  real  estate 

of  fiduciary,  form  of 

Books  and  writings,  production,  etc.,  of — 

motion  for,  to  be  in  writing  and  filed 

to  describe  books,  etc.,  to  be  produced 

order  to  produce,  certified  copy  to  be  served.- 

when  to  be  served 

filing  books,  etc.,  in  clerk's  office  a  compliance  with 

order • 

time  for  compliance  may  be  enlarged  on  application 

before  auditor 

notice  to  admit,  either  party  may  give 

when  to  be  served 


Rule. 


Law. 


48 

48 
48 
48 
48 
48 


7 
7 

7 
7 


7 

9 

12 

12 

15 

20 

62 
62 
69 


43 
43 
43 
43 

43 
43 


Eq. 


59 

62 

61 
61 

8 


28 

42a 
43 
67 

72 
74 


42 


65 

58 
58 


Page. 


39 

39 
39 
39 
39 
39 
76 

79 

78 
78 
56 

10 

10 

10 
10 

10 

11 
12 

15 
16 
18 

21 

45 
45 
51 
63 

69 
69 
81 
82 
87 

37 
37 
37 
37 

37 
37 
79 
35,  76 
76 


INDEX  TO   LAW   AND   EQUITY   RULES 


Books  and  writings,  production,  etc.,  on — Con. 

admission,  when  to  be  made 

refusal,  cost  of  proving 

form  of..._ 

Brief  op  testimony — 

in  equity,  counsel  to  make,  when 


Calendar,  appeal   (see  Appeal   Calendar) 

Calendar,  equity  (see  Equity  Calendar) 

Calendar,  motion  (see  Motion  Calendar) 

Calendar,  trial  (see  Trial  Calendar) 

Caption  to  bill  in  equity — 

to  give  names  of  parties  and  capacity  in  which  they 

sue  or  are  sued 

Caption  to  forms  and  pleadings — ■ 

form  of.. 

of  first  pleading  to  contain  names  of  all  parties 

of  all  papers,  except  first,  to  be  omitted  from  tran- 
script of  record  on  appeal 

Causes  of  action,  trial  of — 

consolidation  of  for  trial 

separate  trial  of  several  causes  of  action  stated 

in  declaration.- 

instructions  to  have  on  them  number  and  title  of 

cause 

instructions  to  state  whether  those  of  plaintiff  or 

defendant.. 

instructions  submitted  and  acted  on  by  court  to  be 

filed  in  cause 

Certainty — 

in  pleading,  requirement  of. 

Certiorari — 

application  for  may  be  heard  by  circuit  or  criminal 

court  or  at  chambers 

petition  for  must  be  verified  by  affidavit 

motion  to  quash,  etc.,  may  be  heard  in  same  manner 
Certiorari  from  municipal  court — 

petitioner  to  make  deposit  for  costs.. 

plaintiff,  on  filing  declaration,  to  make  deposit  for 

costs 

cases  certified  to  be  entered  on  appeal  calendar 

cause  certified  on  plea  of  title  to  be  entered  for 

trial  on  appeal  calendar 

proceedings  in,  how  regulated. 

on  ground  of  concurrent  jurisdiction,  petition  to 

be  accompanied  by  affidavit 

what  affidavit  to  state 

notice,  with  copy  of  petition,  to  be  served  on  oppo- 
site party  within  five  days 

municipal  court  not  to  be  made  party 

fee  for  municipal  court,  failure  of  petitioner  to  pay 
plaintiff  to  file  declaration  in  10  days  after  return.... 


Rule. 


Law. 


42 

42 


17 


33 
36 


13 
13 

63 

44 

44 

44 

44 

44 


22 
22 
22 

14 

14 
17 

20 
20 

21 
21 

21 
21 
21 
21 


Eq. 


58 
58 


57 


54 


23 


Page. 


76 
35,  76 

35 

74 


19 

73 
29 
31 


61 

17 
17 

47 

37 

37 

37 

37 

37 

55 


22 
22 
22 

18 

18 
19 

20 
20 

21 
21 

21 
21 
21 
I  I 


INDEX  TO   LAW   AND   EQUITY  RULES 


XI 


Certiorari  from  municipal  court — Continued. 

copy  of  to  be  served  on  defendant's  attorney 

summary  judgment  on  affidavit  for  want  of  affi- 
davit of  defense. 

Chambers — 

interlocutory  orders  may  be  made  at 

applications  for  special  remedial  writs  may  be  heard 
at 

motions  to  quash,  etc.,  such  writs  may  be  heard 

at 

Circuit  courts — 

terms  of - 

applications  for  remedial  writs  may  be  heard  by... 

jury  may  be  transferred  from  to  district  court 

Citation — 

on  appeal  to  Court  of  Appeals,  form  of 

Class — 

suit  by  representatives  of 

Clerk  of  court — 

to  record  proceedings  of  court  in  minutes 

office  hours  of 

date  of  filing  papers  and  exhibits  to  be  noted  by 

deposits  in  registrv  of  court,  account  of,  to  be  kept 
by 

deposits,  to  make  report  as  to 

applications  for  admission  to  bar  to  be  filed  with... 

fees  of,  for  admission  to  bar  and  certificate 

shall  issue  writ  of  replevin,  when         

to  enter  causes  on  docket,  when... 

costs  of,  deposit  to  be  made  for 

may  demand  additional  deposit  for  costs 

to  enter  causes  from  municipal  court  on  appeal 

calendar : 

to  enter  cause  certified  from  municipal  court  on 

plea  of  title  on  appeal  calendar.— 

shall  enter  upon  assignment  for  motion  days  all 

matters  entered   on   motion   calendar  one   day 

prior  thereto 

note  of  issue  to  be  furnished  to 

shall  enter  cause  on  trial  calendar,  when 

original  papers  not  to  be  taken  from  custody  of, 

except  by  auditor  or  examiner  or  upon  order  of 

court 

to  deliver  papers  to  auditor  or  examiners,  when 

to   produce  papers  before  police,   municipal  and 

juvenile  courts. _ 

to  require  receipts  for  papers  delivered  by  him 

transcript  of  record  on  appeal,  preparation  of 

to  enter  causes  upon  criminal  docket 

directions  to  for  preparation  and  calendaring  of 

cause 

applications  grantable  of  course  by 

power  of,  to  approve  bonds,  etc 

to  issue  commissions  to  take  testimony 


Rule. 


Page. 


Law. 


Eq. 


21 
21 
2 
22 
22 

1 

22 
53 

62 


3 
4 
4 

4 

4 

5 

5 

12 

14 

14 

14 

17 

20 


33 
35 
36 


54 
54 

54 
54 
63 
71 


17 


28 
28 
28 
28 


22 

22 

5 

22 

22 

5 
22 
42 

46 

59 

6 
6 
6 

6 
6 

7 

8 

15 

17 
17 
18 

19 

20 


29 
30 
31 


4  2 
42 

42 
42 
46 
52 

63 
63 
63 
63 


Xll 


INDEX   TO   LAW   AND   EQUITY   RULES 


Rule. 

Page. 

Law. 

Eq. 

Clerk  of  court — Continued. 

to  mail  copy  of  petition  for  divorce  to  absent  de- 
fendant                                                            

44 
44 

73 

69 

certificate  of,  as  to  mailing,  form  of. 

69 

to  note  filing  and  transmit  report  of  trustee,  etc., 
to  auditor 

S6 

Commencement  of  suit — 

how  commenced            

14 
14 

38 

38 
38 

38 
38 
38 
38 

17 

deposit  for  costs  to  be  made  unless  dispensed  with 
Commission  to  take  testimony — 

motion  for,  to  give  names  and  addresses  of  wit- 
nesses                              

17 

32 

interrogatories,  when  to  be  filed 

32 

copy  of  to  be  served  on  opposite  party 

32 

carriage  of,  to  be  entrusted  to  party  applying  for, 
who  shall  be  responsible  for  return 

32 

publication  to  be  made  immediately  on  return 

32 

form  of 

33 

commissioner's  return,  form  of . 

33 

application  for,  grantable  of  course  by  clerk 

28 
59 
65 

60 
60 

1 

72 

63 

on  interrogatories,  when  to  be  issued. 

77 

of  witness,  on  hearing  before  auditor. 

80 

Commissioner — 

taking  of  testimony  before 

77 

attendance  of  witness  before,  how  enforced 

78 

Commissions — 

equitv  court  always  open  for  issue  of 

55 

Commissions  on  court  sales — 

table  of     .         

85 

Committee  on  examination— 

of  applicants  for  admission  to  the  bar 

5 
6 

7 

Committee  on  grievances  (see  Grievance  Committee) 

8,  9 

Committee  of  lunatic — 

to  make  report  of  trust  funds 

73 

85 

Computation  of  time  (see  Time,  Computation  of) 

8 

14 
17 
21 
21 
21 

55,59 

44 

11 

Concurrent  jurisdiction — 

in  cases  certified  from  municipal  court  on,  petitioner 
to  make  deposit  lor  costs     

18 

cases  to  be  entered  on  appeal  calendar,  when 

19 

affidavit  to  be  filed  with  petition 

21 

plaintiff  in  case  certified  to  file  declaration,  when.... 

21 

summary  judgment  on  affidavit 

22 

Confession — 

judgment  by,  inquiry  by  jury  on.  . 

43,  44 

Consolidation  of  causes — 

court  may  make  order  as  to 

60 
67 

37 

Contempt — 

of  witness  in  refusing  to  appear  or  give  evidence 
before  auditor,  etc.,  attachment  for 

78 

for  failure  to  pay  auditor's  fees 

81 

Continuance,  plea  after  last  (see  Plea) 

32 
45 

28 

Continuances — 

application  for,  to  be  supported  by  affidavit  show- 
ing grounds,  unless  waived 

38 

INDEX   TO   LAW   AND   EQUITY   RULES 


Xlll 


Ru 
Law. 

LE. 
Eq. 

Page. 

Continuances — Continued. 

application  for  when  to  be  filed                          

45 

45 

45 
45 

38 

on  ground  of  absence  of  witness,  affidavit  to  state 
facts  to  which  witness  will  testify 

38 

admission  by  opposite  party  that  witness  will  so 
testify                                       

38 

in  discretion  of  court  and  at  cost  of  party  applying 

38 

of  equity  cause,  after  being  placed  on  calendar, 
when  granted                                         

56 
56 

56 
56 

56 

74 

beyond  term,  stipulation  to  be  signed  and  costs  paid 
beyond  term,   equity  cause  to  be  dropped  from 
calendar - 

74 

74 

reinstatement  of  equity  cause  within  one  year 

74 

if  not  reinstated,  cause  dismissed  without  preju- 

74 

Copy — 

of  charges  to  be  served  on  attorney 

6 

19 

21 

21 
24 

25 

38 
43 
47 

8 

of  affidavit  of  plaintiff,  on  appeal  in  landlord  and 
tenant  proceeding,  to  be  served 

20 

of  petition,  on  certiorari  to  Municipal  Court,  to  be 
served                            

21 

of   declaration,   etc.,   on   certiorari   to   Municipal 
Court  to  be  served          

22 

of  declaration,  etc.,  to  be  served  with  summons 

22 

of  pleadings,  etc.,  at  law  or  in  equity,  to  be  served, 
when                       

23 

interrogatories,  to  be  served 

32 

of  order  to  produce  books,  etc.,  to  be  served 

37 

of  bill  of  exceptions,  to  be  served 

39' 

of  order  setting  cause  for  hearing  on  objection  of 
want  of  parties  to  be  served 

36 

.     40 

58 

66 

of  answer  setting  up  counterclaim  to  be  served  on 
defendants  affected  by. 

67 

of  interrogatories,  to  be  served 

75 

Coroner — 

inquisition  from,  to  be  entered  on  criminal  docket 

71 

7 

19 
41 
73 

52 

Corporation — 

as  surety,  certificate  of  clerk  as  to  authority  and 
agent                

10 

affidavit  of  defense  by,  on  appeal  from  municipal 
court                   

20 

affidavit  as  to  genuineness  of  signature,  who  to  make 

35 

affidavit  of  defense  by,  in  actions  ex  contractu 

53 

verification  of  pleading  in  equity  by  officer  of 

10 

56 

Costs — 

deposit  for,  who  to  make 

14 
14 
15 
16 

20 

17 

on  intervening  petition  to  be  made  by  petitioner 

IS 

undertaking  for,  by  non-resident  plaintiff,  form  of 

18 

where  recovery  is  less  than  court's  jurisdiction 

in  case  certified  from  municipal  court  on  plea  of 
title,  failure  of  plaintiff  to  make  deposit 

IS 
21 

XIV 


IXDEX  TO   L,\W   AND    EQUITY  RULES 


Costs — Continued. 

of  proving  document  may  be  imposed  on  party  re- 
fusing to  admit. 

of  continuance  to  be  borne  by  applicant  unless 

otherwise  ordered 

taxation  of,  application  for  grantable  of  course  by 

clerk 

on  setting  aside  decree  pro  confesso 

when  nominal  party  entitled  to 

of  attachment,  on  failure  of  defendant  to  perform 

deciee 

on  continuance  of  equity  cause 

of  proving  document,  on  refusal  of  party  to  admit 
of  irrelevant,  incompetent,  or  immaterial  testimony 

of  taking  testimony  before  examiner 

of  exceptions  to  auditor's  report  overruled 

of  exceptions  to  auditor's  report,  when  sustained. ... 

fees  of  stenographers  taking  testimony : 

Counsel — 

stipulations  or  agreements  to  be  signed  by 

number  of,  to  be  heard. 

division  of,  time  between 

signature  of,  to  be  annexed  to  pleadings 

certificate  of  what 

in  equity  causes  to  be  designated  as  attorneys 

Counter-claim  and  set-off — 

answer  in  equity  may  set  up  without  cross-bill 

motion  to  strike  out  answer  setting  up 

reply  to,  when  to  be  made.. 

by  defendant  affected  by..._ 

default  of,  pro  confesso  on 

Court,  terms  of  (see  Terms  of  Court) 

directions  as  to,  not  to  be  set  out  in  decree 

proceedings  under  decree,  course  and  manner  of.... 
Court  sales — 

trustee  to  give  bond. 

to  advertise  sale 

terms  of  sale 

report  of  sale,  with  affidavit  of  fairness 

on  ratification,  deed  to  be  executed 

proceeds  of,  to  be  brought  into  court 

bond   not   discharged   until   money   deposited   in 

court  or  receipts  filed 

taxes,  etc.,  to  be  paid._ 

decree-  of  sale,  form  of 

orders  nisi,  form  of 

advertisements,  contents  of 

trustee  or  officer  making  sale  to  be  present 

to  receive  deposit 

li>  pay  expenses 

report  of  trustee,  etc.,  making  sale  to  state  under 
oath  compliance  with  rule 


Rule. 


Page. 


Law. 


Eq. 


42 
45 


23 
49 
49 


28 
31 
38 

52 
56 

58 
59 
59 
69 
69 
70 


12 
12 
14 

34 
39 
40 
40 
40 

72 

72 

72 
72 
72 
72 
72 
72 

72 
72 
72 
72 
72 
72 
72 
72 

72 


35 

38 

63 
64 

67 

72 
74 
76 
77 
77 
81 
81 
82 

22 
39 
39 

58 
58 

58 

65 
67 

67 
67 
67 
5 
83 
83 

83 
83 
83 
83 
84 
84 

84 
84 
84 
84 
85 
85 
85 
85 

85 


INDEX  TO   LAW   AND    EQUITY   RULES 


XV 


Court  sales — Continued 

ratification  of  sale 

auctioneer,  compensation  of 

commissions  of  trustee,  etc.,  table  of 

Criminal  caces — 

when  pending  IS  months  or  more,  notice  of  trial  to 
be  given  defendant.. 

application  by  defendant  for  immediate  trial 

Criminal  courts — 

terms  of 

applications  for  remedial  writs  may  be  heard  by.... 

transfer  of  jury  from  criminal  court  No.  2  to  dis- 
trict court... 

law  rules  to  apply  to  and  govern  practice  in 

attorneys  to  enter  appearance  on  being  retained... 

causes  to  be  entered  on  criminal  docket,  when 

notice  to  defendant  of  trial  of  cause  in  which  in- 
dictment has  been  pending  18  months  or  more... 
Criminal  docket — 

clerk  to  enter  matters  on  in  order  of  filing  and 
number  accordingly 

further  proceedings  to  be  noted  on 

Cross-bill — 

counter-claim  or  set-off  may  be  pleaded  in  answer 

without - - 

Curtesy — 

allowance  in  lieu  of,  table  of.. 


Rule. 


Page. 


D. 
Damage0  — 

unliquidated,    jury    of    inquiry    to    assess,    when 

awarded... 

Decedents'  estates — 

provisions  of  rule  73,  when  applicable  in  suits 
against  representatives  of 

decree  for  account  of  personal  estate  of,  what  to 

contain 

Declaration — 

caption  of,  to  contain  names  of  all  parties 

action  commenced  by  filing  of 

to  be  filed  by  plaintiff  in  cases  certified  from 
municipal  court  on  ground  of  concurrent  juris- 
diction          

copy  of,  to  be  served 

copy  of,  and  affidavit,  to  be  served  with  writ 

shall  state  only  facts  necessary  to  constitute  cause 
of  action 

commencement  and  conclusions,  form  of 

money  counts  may  be  combined  in  single  count 

form  of 

on  bills  and  notes,  forms  of 

amendment  of,  on  demurrer  to  being  sustained 

demurrer  to,  when  to  be  heard 


Law. 


72 


1 
22 

53 
70 
70 
71 

72 


71 
71 


59 


73 


13 
14 


21 
21 
24 

27 

27 
27 
27 
27 
31 
33 


Eq. 


72 
72 

72 


74 


34 
71 


52 


85 
85 
86 


53 

54 

5 
22 

42 
52 
52 
52 

53 


52 
53 


65 
82,83 

44 

53 

72 

17 
17 


21 
22 
22 

24 
24 
24 
24 
25 
28 
29 


XVI 


INDEX  TO    LAW   AND    EQUITY   RULES 


Decree— 

for  money,  plea  to  sci.  fa.  on  to  be  accompanied 

by  affidavit 

pro  confesso,  for  default  of  defendant  to  appear 

when  decree  may  be  made  after 

setting  aside  of 

on  counterclaim,  when 

final,  injunction  pending  appeal  from 

clerical  mistakes  in,  how  corrected 

form  and  substance  of 

for  an  account  of  personal  estate  of  decedent,  to 

contain  directions  to  auditor 

for  specific  act,  to  prescribe  time  for  performance.... 
attachment  to  compel  performance 

of,  when 

writ   of    sequestration    to    compel 

performance 

for  deficiency,  in  foreclosure,  etc 

for  possession,  writ  of  assistance  to  issue,  when 

form  of.... 
process  in  behalf  of  or  against  persons  not  parties... 
Default — 

judgment  by,  when  entered 

against  one  or  more  of  several  defendants 

in  ejectment.. 

inquiry  by  jury  on,  when 

on  failure  of  defendant  to  appear.. 

motion  to  vacate  to  be  filed  within  ten 
days  after  notwithstanding  expiration 

of  term_- 

motion  to  vacate  to  be  accompanied  by 

plea  and  affidavit 

of  defendant  to  appear,  proceedings  on. 

to  answer  amended  bill 

of  reply  to  answer  setting  up  counterclaim 

Defects — 

in  proceedings  not  affecting  substantial  rights,  to 

be  disregarded.. 

Defenses  in  equity  {see  Answer;  Reply) 

in  point  of  law,  arising  on  face  of  bill,  presented  by 

motion  to  strike  out 

demurrers  and  fleas  abolished 

Demurrer — 

form  of... ; -— 

matters  of  law  to  be  argued  to  be  stated  in  margin 
on  failure  to  state  matters  of  law,  or  making  frivo- 
lous statement,  judgment  to  be  entered 

in  criminal  cases,  leave  to  plead  over  to  be  granted 

joinder  in,  not  necessary 

special,  motion  to  strike  out  in  lieu  of 

on  overruling  or  sustaining  demurrer,  party  may 
plead  over  or  amend  in  ten  days 


Rule. 


Page. 


Law.      Eq. 


67 


29,57 
57 

58 
59 
60 


61 
61 


31 
3! 

31 
31 
31 
31 

31 


30 
31 
31 
40 
43 
51 
52 

52 
52 

52 

52 
52 
52 
52 
53 


30 
35 
40 


32 
32 


50 
64 
64 

64 
67 
69 

71 

72 

72 
72 

72 

72 
72 
72 
73 
73 

27,43 
43 
43 
44 
44 


45 

45 
64 
66 
67 


55 


64 
64 

28 
28 

28 
28 
28 
28 

28 


INDEX  TO   LAW    AND    EQUITY   RULES 


XV11 


Demurrer — Continued. 

to  be  entered  on  motion  calendar 

failure  of  party  demurring  to  calendar 

to  be  heard  on  motion  day,  unless  otherwise  ordered 
clerk  to  enter  upon  assignment  for  motion  day, 

when - ; 

two  days'  notice  of  hearing  to  be  given  opposite 

party 

notice  of  hearing,  form  of 

to  be  stricken  from  motion  calendar  when  called 
on  two  motion  days  and  not  disposed  of,  unless 

otherwise  ordered 

while  pending,  cause  not  to  be  placed  on  trial  calen- 
dar.-  

argument  of 

judgment  on 

for  plaintiff,  inquiry  by  jury  on 

motion  to  dismiss  in  lieu  of 

in  equity,  abolished 

Deposits  in  registry  of  court — 

clerk  to  keep  account  of 

clerk  to  make  report  as  to 

for  costs,  who  to  make 

Depositions — 

of  non-resident  witnesses,  commission  to  take 

Designations — 

'parties  suing  designated  as  plaintiffs 

counsel  in  equity  causes  designated  as  attorneys... 

Discovery  (see  Interrogatories) 

District  court — 

terms  of 

jury  for,  how  secured - 

Divorce  (see  Marriage,  Annulment  of) — 

clerk  to  send  copy  of  petition  to  absent  defendant... 
plaintiff's  attorney  to  comply  with  section  108  of 

Code. 

certificate  of  clerk  as  to  mailing  petition,  form  of... 

for  adultery,  petition  to  allege  what 

answer  of  defendant  may  set  up  matter  barring 

divorce 

issue  on  answer,  how  to  be  tried 

testimony,  reference  to  examiner  only  in  excep- 
tional cases  .... 

reference  not  to  be  made  to  person  named  by  party. 
Docket — 

causes  to  be  entered  on  in  order  of  filing  and  num- 
bered accordingly.. 

criminal,  cases  to  be  entered  on  and  numbered  in 

order  of  filing.- 

criminal,  further  proceedings  to  be  noted  on 

equity,  cause  entered  on  when  bill  filed 

separate,  for  habeas  corpus,  lunacy  and  adoption 

proceedings  

appearance  of  defendant  to  be  entered  on 


Rule. 


Page. 


Law. 


33 
33 
33 

33 

33 
33 


33 

36 
49 
55 
59 


4 

4 

14 

38 


1 
53 


14 

71 
71 


Eq. 


32 
32 


65 

14 
14 

58 


44 

44 
44 
45 

47 
47 

48 
48 


24 

24 
29 


29 
29 
29 

29 

29 
30 


30 

31 
39 
43 
44 
64 
64 

6 
6 

17 

32,80 

58 
58 
75 

5 
42 

69 

69 
69 

70 

70 
70 

70 
70 


17 

52 
53 
61 

61 
63 


XV111 


INDEX  TO   LAW   AND    EQUITY  RULES 


Documents  {see  Books  and  Writings,  Production  of; 
Documents,  Notice  to  Admit;  Signature) 


Documents,  notice  to  admit,  etc. — 

either  party  may  give 

demand  when  to  be  served. 

admission,  when  to  be  made ; 

refusal  to  admit,  cost  of  proving _ 

form  of... 

admission  may  be  endorsed  on  or  subscribed  to 

notice 

admission,  form  of 

special  admission  may  be  made  in  separate  paper 

form  of 

signature    of    instrument    on  which    recovery    is 

sought,  proof  of  not  required  unless  denied  by 

affidavit 

production  of  books  and  writings,  rules  as  to. 

refusal  to  produce,  etc.,  attachment,  etc.,  for 

admission  of  genuineness,  refusal  of  demand  for, 

cost  of  proving 

before  auditor,  production  of ..= 

Dower — 

allowance  in  lieu  of,  table  of 


Rule. 


Page. 


Law.       Eq. 


Ejectment — 

judgment  by  default  in 

Equity  calendar — 

direction  to  place  cause  on,  by  praecipe  filed... 

application  to  calendar  cause  grantable  of  course 
by  clerk. 

when  causes  to  be  placed  on 

order  to  calendar,  when  to  be  given 

continuance  of  cause,  when  granted 

cause  continued  beyond  term  to  be  dropped  from.  . 

reinstatement  of  cause,  when 

cause  not  reinstated  to  be  dismissed  without  preju- 
dice ... 

Equity  court — 

terms  of 

to  be  deemed  always  open  for  filing  bills,  etc 

Equity  docket — 

cause  to  be  entered  on  when  bill  is  filed 

separate  docket  for  habeas  corpus,   lunacy  and 

adoption  proceedings.... 

Evidence  (see  Testimony)  

matters  of,  not  to  be  stated  in  pleadings 

Examiner — 

clerk  may  furnish  papers  to 

taking  of  testimony  before 

attendance  of  witnesses  before,  how  enforced | 


41 

42 

(43 


42 


42 
42 

42 
42 

42 
42 


41 
43 


58 


54 


58 


58 
58 
58 
58 


58 
58 

58 
65 

71 


28 

28 
54 
54 
56 
56 
56 

56 


1 

24 

24 
59,  60 
20,34 


59,60 
60 


35 
37 
76 


35,  76 
76 
76 

35,  76 
35 

36 
36 
36 
36 


35 

37,  76 

76 

76 
79 

82 


43 
63 

63 

73 

74 
74 
74 
74 

74 

5 
55 

61 

61 

76-78 

60,  65 

42 

76-78 

78 


INDEX  TO   LAW    AND    EQUITY   RULES 


XIX 


Exceptions — 

applications  to  file  grantable  of  course  by  clerk 

to  answer,  for  insufficiency,  abolished 

motion  to  strike  out  in  lieu 

to  auditor's  report,  when  to  be  filed 

costs  on.... — 

to  be  entered  on  motion  calen- 
dar  

hearing  of,  rule  as  to 

Exceptions,  bills  of  (see  Bills  of  Exceptions) 


Executions — 

stay  of,  appeal  not  to  operate  as,  unless  bond  given 

in  ejectment,  form  of  writ  of  possession 

special  writ,  where  something  special  is  to  be  done 

on  money  judgment,  fieri  facias  to  be  issued 

form  of 

special  fieri  facias,  form  of - 

attachment  on  judgment,  and  notice,  form  of.. 

interrogatories  and  notice  to 
answer,  form  of 


Rule. 


Page. 


Law. 


return  of,  to  be  made  in  sixty  days 

scire  facias,  plea  to  be  accompanied  by  affidavit. 
Executors  and  administrators — 

summary  judgment  on  affidavit,  when  awarded. 

may  sue  in  own  name 

Exhibits — 

clerk  to  note  date  of  filing  on 

Extradition  proceedings — 

separate  minute  book  to  be  kept  for 


Fees — 

to  be  paid  by  applicant  for  examination  for  ad- 
mission to  bar — 

of  clerk,  for  admission  to  the  bar 

of  marshal  for  serving  summons  on  appeal  from 
municipal  court 

for  municipal  court  in  case  certified  on  ground 
of  concurrent  jurisdiction,  failure  of  petitioner  to 
pay 

of  auditor,  payment  of  before  report  filed 

of  auditor,  for  examining  report  of  trustee,  etc 

of  stenographers,  for  taking  testimony 

Fieri  facias — 

on  money  judgment,  form  of 

special,  form  of 

Foreclosure — 

decree  for  deficiency  on 

Forms — 

of  affidavit  of  plaintiff  in  attachment  

of  supporting  affidavit  in  attachment         


33 
33 

f47 
\48 

62 
64 
65 
66 
66 
66 
66 

66 
J64 
166 

67 

73 


5 
5 

18 


21 


66 
66 


Eq. 


28 
39 
39 
69 
69 


59 


15 


67 
73 
70 


52 


63 
67 
67 

81 
81 

29 

29 

39,  76 


45 
47 
48 
48 
48 
48 
49 

50 
47-49 

50 

53 
58 

6 

6 


7 
8 

19 


21 

SO 

86 

81 

48 
48 

72 


12 


XX 


INDEX   TO   LAW   AND   EQUITY   RULES 


Forms — Continued. 

of  bond  in  attachment . 

of  writ  of  attachment 

of  notice  to  garnishee  and  interrogatories 

of  writ  of  attachment  for  rent. 

of  undertaking  in  replevin 

of  writ  of  replevin 

of  defendant's  undertaking  in  replevin 

of  writ  of  retorno  habendc 

of  caption  to  pleadings,  etc 

of  undertaking  of  non-resident  plaintiff  for  costs 

of  summons  to  appellee  on  appeal  from  municipal 
court 

of  declarations,  commencement  and  conclusions  of 

of  declarations,  on  money  counts.... 

on  bills  and  notes 

of  pleas,  commencement  and  conclusions  of 

of  replication.. 

of  demurrer 

of  plea  after  last  continuance  and  affidavit 

of  notice  of  hearing  of  matter  on  motion  calendar... 

of  notice  of  trial 

of  subpoena  ad.  test 

of  certificate  of  attendance  of  witnesses 

of  commission  to  take  depositions 

of  notice  to  admit  documents 

of  admission  of  documents 

of  bond  on  appeal  to  Court  of  Appeals 

of  citation  on  appeal  to  Court  of  Appeals 

of  certificate  showing  entry  and  date  of  appeal 

of  writ  of  possession,  in  ejectment 

of  fieri  facias.... 

of  special  fieri  facias 

of  attachment  on  judgment,  and  notice 

of  notice  of  mechanic's  lien 

of  undertaking  to  discharge  lien  and  affidavit  of 
sureties 

of  order  of  court  releasing  lien 

of  caption  to  bill  of  complaint 

of  introductory  part  of  bill  of  complaint 

of  subpoena 

of  undertaking  for  injunction 

of  clerk's  certificate  of  mailing  petition  for  divorce 

of  writ  of  assistance 

of  decree  for  sale 

of  order  nisi 

of  fiduciary's  bond 

Frivolous  demurrer — 

may  be  stricken  out  and  judgment  entered  in  civil 

case 

Frivolous  exceptions — 

to  auditor's  report,  costs  of 


Rule. 


Page. 


Law.      Eq. 


9 
9 
9 
11 
12 
12 
12 
12 
13 
15 

17 

27 
27 
27 
28 
29 
31 
32 
33 
34 
37 
37 
38 
42 
42 
62 
62 
63 
64 
66 
66 
66 
69 

69 
69 


60 


31 


23 
23 
25 
41 
44 
52 
72 
72 
74 


69 


12 
13 
14 
14 
15 
15 
16 
16 
17 
18 

19 
24 
24 
25 
26 
27 
28 
28 
30 
30 
31,  78 
32 
33 
35 
36 
45 
46 
47 
47 
48 
48 
49 
51 

51 
52 
61 
61 
62 
68 
69 
73 
83 
84 
87 


28 
81 


INDEX  TO   LAW    AND   EQUITY   RULES 


XXI 


Rule. 


Page. 


Law.      Eq. 


Garnishee — 

interrogatories  to  be  answered  by,  form  of 

issue  to  be  joined  on  answer  of  within  [  0  days. 

Garnishment  (see  Attachment  and  Garnishment) 


General  term — 

when  to  be  held 

clerk  to  report  to  as  to  funds  in  his  hands 

applications  for  admission  to  bar  to  be  addressed  to 
Grievance  committee  (see  Attorneys) — 

how  to  be  appointed. 

duties  of 

Guardian — 

answer  by,  verification  not  required 

may  sue  in  his  own  name 

infants,  etc.,  may  sue  by 

Guardian  ad  litem — 

person  with  interest  adverse  to  infant  or  connected 
in  business  with  counsel  of  adverse  party  not  to 

be  appointed... 

person   nominated   by   adverse   party   not  to   be 

appointed 

only  member  of  bar  appointed,  except  for  cause 
shown 


H. 

Habeas  corpus  proceedings — 

separate  minute  book  to  be  kept  for 

separate  docket  to  be  kept  for 

Hearings — 

of  petitions  for  naturalization,  when  

of  uncontested  matters,  when  to  be  had 

extended  reading  of  testimony  not  permitted 

brief  of  testimony 

rehearing  of  cause,  when 

Heir  at  law — 

not  necessary  party  to  suit  to  execute  trusts  of  will 
Holidays — 

when  first  day  of  term  falls  on,  term  to  begin  on 
next  business  day 

clerk's  office  may  be  closed  on 

to  be  excluded  in  computing  time,  unless  ex- 
pressly included 

Saturday  half-holidays  not  to  be  counted  in  ex- 
cluded days 


Impertinence — 

in  bill  to  be  expunged 

Indictment — 

to  be  entered  on  criminal  docket  in  order  of  filing. 


1 
i 
5 

6 
6 


75 
75 
75 


1 
4 

8 

8 


10 
15 
16 


14 
14 

11-14 
49,  50 

5 
6 

7 

8 
8,  9 

57 
58 
59 


54 
54 

54 


24 


57 
57 
57 
51 

19 


71 


6 

61 

5 

74 
74 
74 
71 

59 


5 
6 

1  1 

11 

56 
52 


XX11 


INDEX  TO    LAW   AND    EQUITY   RULES 


Rule. 


Law. 


Eq. 


Page. 


Infants  {see  Guardian  ad  Litem) — 

verification  of  answer  by  guardian  not  required 

bill  to  state  disability  of 

matters  not  denied  in  answer  not  deemed  admitted 
by - -~~ .- 

may  sue  by  guardian  or  prochein  ami 

guardian  ad  litem  for,  who  to  be  appointed 

Information — 

action  commenced  by  filing  of 

Injunctions — 

preliminary,  not  to  issue  without  notice 

temporary  restraining  order,  when  granted  with- 
out notice. 

temporary    restraining    order,     granted    without 
notice,  terms  of 

temporary  restraining  order,  to  be  filed  and  entered 
of  record.. 

temporary  restraining  order,  hearing  on 

temporary  restraining  order,  dissolution  of 

preliminary,  not  granted  unless  prayed  in  bill 

to  set  forth  reasons  for  issuance,  and  describe  in 
detail  act  enjoined 

not  to  issue,  unless  security  given,  unless  otherwise 
provided  by  law. 

security,  how  conditioned 

pending  appeal,  may  be  granted  when 

bond  or  security  on 

Inquiry  by  jury — 

in  what  cases  awarded 

how  executed 

Instructions — 

to  be  endorsed  with  title  and  number  of  cause 
and  state  whether  for  plaintiff  or  defendant.. 

to  be  filed  in  cause 

time  allowed  for  argument  of 

Insufficient  security — 

court  may  order  further  security  to  be  given 

penalty  for  non-compliance  with  order 

Interest — 

where  recoverable  in  action,  form  of  verdict 

Interlocutory  orders — 

may  be  made  at  chambers,  in  vacation  or  term  time 

to  be  entered  in  minutes 

applications  for,  not  grantable  of  course,   to  be 
entered  on  motion  calendar 

equity  court  always  open  for 

Interrogatories — 

in  attachment  before  judgment 

after  judgment 

on  commission  to  take  testimony 

may  be  filed,  for  discovery,  when 

to  be  answered  by  officer,  when  corporation  party.... 


75 
14 


59 
59 


44 
44 
49 

7 
7 

50 

2 
2 

33 


9 

66 

38 


10 
20,23 

34 

16 


41 

41 

41 

41 
41 
41 
41 

42 

42a 

42a 

43 

43 


57 
60,  61 


58 
58 


INDEX  TO   LAW   AND    EQUITY   RULES 


"xxiii 


Rule. 


Page. 


Law. 


Eq. 


I  nterrogatories — Continued . 

copies  to  be  filed  and  sent  by  clerk  to  interrogated 
party. 

objections  to,  presentation  of 

answer  to,  when  to  be  made  and  form  of 

how  enforced 

inspection,  etc.,  of  documents,  order  for.. 

answer,  etc.,  attachment  to  compel 

commission  to  take  testimony  on,  when  issued 

examination  of  creditor,  etc.,  before  auditor  on 

Intervenors — 

to  make  deposit  for  costs. 

party  claiming  interest  in  litigation  may  intervene.- 
Issue — 

on  answer  of  garnishee,  when  to  be  joined.— 

joinder  in,  form  of... 

to  be  deemed  denial   of  substance  of 
pleading.__ 

of  law,  made  by  filing  of  demurrer 

note  of,  to  be  furnished  clerk,  when 

of  fact  agreed,  may  be  stated  in  writing  for  trial  — 

on  answer  (see  Reply) 


Joinder — 

in  issue,  form  and  effect  of 

in  demurrer  not  necessary 

of  causes  of  action  in  bill  in  equity 

Joint  and  several  demands — 

suit  in  equity  against  one  or  more  parties  liable 

Judgment — - 

bond  to  suspend  entry  of,  notice  of  application  for 

approval  of.... 

garnishee  entitled  to,  on  failure  to  join  issue  on 

answer .. 

for  return  of  goods,  in  replevin,  form  of  writ..... 

for  less  than  lowest  sum  of  court's  jurisdiction, 

costs  in  discretion  of  court 

on  affidavit,  on  appeal   from  municipal  court  in 

landlord  and  tenant  proceeding 

on  affidavit,  for  rent  and  intervening  damages 

on  appeal  from  municipal  court,  for  want  of  affi- 
davit of  defense 

formal  prayer  for  not  necessary 

by  default,  for  failure  to  rejoin,   etc 

on  demurrer,  for  failure  to  state  matters  of  law  or 

making  frivolous  statement  

arrest  of,  motion  in,  to  be  filed  within  four  days 

after  verdict 

arrest  of,  motion  in,  to  state  grounds  

may  be  made  with  motion  for 

new  trial  

when  to  be  submitted 


14 


10 
30 

30 
31 
35 
40 


30 
31 


10 
12 

16 

19 
19 

21 

26 
29 

31 

46 
46 

46 
46 


58 
58 
58 
58 
58 
58 
59 
66 


15 


40 


21 

22 


75 
75 
75 
75 
76 
76 
77 
80 

18 
59 

14 

28 

28 
28 
30 
35 
67 


28 
28 
60 

60 


10 

14 
16 

18 

19 
20 

21 
24 
27 

28 

38 
38 

38 
38 


XXIV 


INDEX  TO   LAW   AND   EQUITY  RULES 


Judgment — -Continued. 

not  to  be  entered  until  fifth  day  after  verdict  or 

after  ruling  on  motion  for  new  trial,  etc 

may  be  arrested  if  new  trial  be  refused 

bill  of  exceptions  to  be  submitted  within  38  days 

after,  unless  time  extended 

may  be  for  plaintiff,  by  default 

by  confession 

inquiry  by  jury  on 

for  defendant,  that  plaintiff  be  non-suited 

for  either  party,  on  demurrer 

on  issue  "no  such  record" 

on  verdict 

on  case  agreed 

for  money,  form  of. 

by  default,  when  entered 

may  be  taken  against  one  of  several 
defendants    and    plaintiffs    proceed 

against  others. 

in  ejectment 

inquiry  by  jury  on 

for  failure  of  defendant  to  appear  when 

case  is  called  for  trial 

for  plaintiff,  on  demurrer  to  declaration,  inquiry  by 

jury  on 

motion  to  vacate,  to  state  grounds  and  be  sup- 
ported by  affidavit 

by  default,  motion  to  vacate  to  be  filed  within 
ten  days  and  be  accompanied  by  plea  verified 

by  affidavit 

bond  on  appeal  to  Court  of  Appeals,  to  operate 

as  supersedeas,  to  be  given  within  20  days  after... 

caption  of  to  be  admitted  from  transcript  of  record 

on  appeal 

execution  on,  in  suit  to  recover  land,  form  of... 

special  writ  of 

fieri  facias,  form  of 

special,  form  of 

attachment  on,  and  notice,  form  of 

scire  facias  or  action  on,  plea  to  be  accompanied 

by  affidavit 

in  actions  ex  contractu  for  want  of  affidavit  of 

defense 

in  actions  ex  contractu,  for  amount  admitted 

Judgment  non  obstante  veredicto — 

motion  for,  to  state  grounds 

to    be    filed    within    four    days    after 

verdict 

may  be  heard   with   motion   for  new 

trial,  etc 

when  to  be  submitted.- 

if  overruled,  judgment  on  verdict 

Judicial  notice — 

matters  of,  not  to  be  stated  in  pleadings 


Rule. 


Law. 


Eq. 


46 
46 

48 
55 
55 
59 
55 
55 
55 
55 
55 
56 
57 


57 

58 
59 

60 

59 

61 

61 

62 

63 
64 
65 
66 
66 
66 

67 

73 
73 

46 

46 

46 
46 
46 


INDEX   TO   LAW   AND   EQUITY   RULES 


XXV 


Rule. 


Page. 


Law. 


Eq. 


Jury— 

transfer  of,  from  one  special  term  to  another 

from  one  circuit  court  to  the  other 

vacancies  in  transferred  jury,  how  to  be  filled 

for  district  court,  how  secured _ 

Juvenile  court — 

clerk  may  produce  papers  required  as  proof  in 

L. 

Landlord  and  tenant — 

attachment  for  rent,  form  of. 

appeal  from  municipal  court  in  proceedings  be- 
tween, summary  judgment  on  affidavit 

affidavit  of  defense  on  appeal 

by  corporation  defendant 

rent  and  intervening  damages 

judgment  for  amount  not  denied 

writ  of  possession,  form  of 

Law  rules— 

to  govern  practice  in  criminal  courts  

to  govern  practice  in  equity  as  far  as  applicable 

Libel  (in  Admiralty) — 

action  commenced  by  filing  of 

Liens  (See  Mechanic's  Liens) 

decree  for  deficiency  in  suit  to  enforce 

Life  estate — 

allowance  in  lieu  of,  table  of 

Lunacy  proceedings — 

separate  minute  book  to  be  kept  for. 

separate  docket  to  be  kept  for 

Lunatics — 

pleadings  in  behalf  of,  verification  not  required 

suits    by 

answer  by,  failure  to  deny  averments  of  bill  not 
admission 


M. 
Mandamus — 

applications  for,  may  be  heard  by  circuit  or  criminal 
court  or  at  chambers 

applications  for,  petition  verified  by  affidavit  of 
applicant  to  be  filed  and  docketed 

motions   to  quash,   etc.,   may  be  heard   in  same 

manner 

Marriage,  annulment  of — 

under  age  of  consent,  what  petition  to  state 

for  fraud,  what  petition  to  state 

for  insanity,  what  petition  to  state 

petition  for,  answer  to  may  set  up  adultery  of  peti- 
tioner, etc 

testimony,  reference  to  examiner  only  in  excep- 
tional cases..._ 


53 
53 
53 
53 

54 


11 

19 
19 
19 
19 
19 
64 

70 


14 
69 


22 
22 
22 


52 
71 

24 

10 
16 

34 


46 
46 
46 

47 

48 


41 
41 
41 
42 

42 


14 

19 
20 
20 

20 
20 

47 

52 
55 

17 
51 
72 


82,83 

6 
61 

57 
59 

65 


22 

22 

22 

70 
70 
70 

70 

70 


XXVI 


INDEX   TO   LAW   AND    EQUITY   RULES 


Rule. 

Page. 

Law. 

Eq. 

Marshal — 

to  retain   property  taken  on  writ  of  replevin,  for 
what  time 1 

12 

18 
18 

21 

21 

16 

fee  of  for  serving  summons  to  appellee.... 

19 

return  of  summons  when  fee  not  paid 

19 

fee  for  municipal  court,  petitioner  for  certiorari 
on  ground  of  concurrent  jurisdiction  to  pay 

21 

to   return    writ    "not   served    because    municipal 
court's  fee  not  paid,"  when...         

21 

Master,  trial  by — 

reference  to,  may  be  made  when...               

49 
49 
49 
49 
49 

71 

order  of,  to  be  presented  to  master.... 

71 

procedure  on 

71 

master,  oath  of 

71 

by  whom  administered 

71 

Mechanics'  liens — 

notice  of,  form  of                                         

69 

69 

7 
69 

2 

3 

3 

46 

48 

51 

undertaking  and  affidavit  of  sureties  to  discharge 
lien,  form  of                                            

51 

undertaking  to  discharge,  notice  of  application  for 
approval  of 

10 

order  discharging  lien,  form  of                    

52 

Minutes — ■ 

interlocutory  orders  to  be  entered  in                  

6 

proceedings  of  court  to  be  recorded  in                 

6 

separate  books  for  lunacy,  etc.,  proceedings    . 

6 

motion  for  new  trial,  etc.,  to  be  noted  on            

38 

fact  of  settling  and  filing  bill  of  exceptions  to  be 
noted  on                                                        

39 

Mistakes — 

clerical,  in  decrees,  how  corrected  .        

51 

71 

Money — 

in  registry  of  court,  clerk  to  keep  account  of      

4 
56 

59 

66 

67 
27 

6 

judgment  for,  form  of                           

43 

action  for  unliquidated  sum,  when  inquiry  by  jury 
awarded                                        

44 

execution,  form  of,  when  money  only  is  recovered... 
decree  for,  plea  to  sci.  fa.  on  to  be  accompanied  by 
affidavit                                                       

48-50 

50 

Money  counts — 

may  be  combined                                           

24 

Mortgages,  etc.,  foreclosure  of — 

decree  for  deficiency  on                          

52 

72 

Motion  calendar — 

motions,  etc.,  to  be  entered  on  by  moving  party 

what  entry  to  show                                      

33 
33 
33 
33 

33 
33 
33 

29 

29 

failure  of  moving  party  to  calendar            

29 

motion  day,  matters  to  be  heard  on             

29 

clerk  to  enter  on  assignment  for  motion  day  mat- 
ters entered  on  calendar  one  dav  prior  thereto 

29 

notice  of  hearing  to  be  served  two  days  prior  thereto 
notice  of  hearing,  form  of 

29 

30 

INDEX  TO   LAW   AND   EQUITY   RULES 


XXV11 


Rule. 

Page. 

Law. 

Eq. 

Motion  calendar — Continued. 

matters  on,  called  on  two  motion  days,  and  not 
disposed  of,  to  be  stricken  off  unless  otherwise 
ordered 

33 

33 

33 
33 

30 

matters  not  to  be  heard  unless  calendared,  except 
by  special  order  _                             

30 

Motion  day — 

special  day  each  week  to  be  designated  as 

29 

matters  on  motion  calendar  to  be  heard  on 

29 

objection  of  want  of  parties,  made  in  answer,  may 
be  heard  on 

36 

66 

Motions — 

continuation  of  term  for  final  disposition  of 

1 
12 

18 

22 
22 

22 

25 

,     29 
31 

33 
36 
38 
43 

45 
45 
46 
49 

61 

61 

61 

5 

by  defendant,  in  replevin,  for  return  of  goods  

16 

to  dismiss  appeal  from  municipal  court  for  failure 
to  pay  fee  for  serving  summons           

19 

for  special  remedial  writs,  may  be  heard  by  circuit 
or  criminal  courts  or  at  chambers 

22 

petition,  stating  grounds,  first  to  be  filed. 

22 

to  quash,  etc.,  any  of  said  writs  may  be  heard  in 
same  manner..                                   

22 

when  not  grantable  of  course,  copies  of  to  be  served 
within  two  days.. 

23 

to  dismiss  or  for  judgment  by  default  on  failure  to 
plead 

26 

to  strike  out  in  lieu  of  special  demurrer  

28 

to   be   entered   on   motion   calendar    (see   Motion 
Calendar)                                                  

29 

to  restore  to  calendar  cause  stricken  therefrom 

31 

for  commissions  to  take  depositions,  what  to  state 

32 

to  require  production  of  books  and  writings 

37 

for  continuance  to  state  grounds  and  be  supported 
by  affidavit       ...  .                                   

38 

for  continuance  because  of  absence  of  witness 

38 

for  new  trial,  etc.,  rule  as  to                          

38 

time  allowed  for  argument  of                          

40 

to  vacate  judgment  to  state  grounds  and  be  sup- 
ported by  affidavit                                    

45 

to  vacate  judgment  by  default,  to  be  accompanied 
by  plea  verified  by  affidavit 

to  vacate  judgment  by  default,  may  be  filed  after 
expiration  of  term 

45 

45 

equity  court  always  open  for 

1 

13 
13 
13 

13 

28 
31 

32 
32 

55 

defined 

58 

several  objects  may  be  included  in,  when 

58 

must  be  in  writing,  signed,  and  state  grounds 

58 

grounds  not  stated  deemed  waived  unless  ordered 
otherwise                                                           

58 

calendaring  of,  clerk  may  grant  application  for.... 

63 

to  set  aside  decree  pro  confesso  .                     

64 

to  dismiss,  points  of  law  arising  on  face  of  bill  in 
equity  to  be  made  by 

64 

when  to  be  heard 

65 

XXV  111 


INDEX   TO   LAW   AND   EQUITY   RULES 


Rule. 

Page. 

Law. 

Eq. 

Motions — Continued. 

to  dismiss,  on  denial  of,  answer  to  be  filed 

32 
39 
41 
52 
55 

65 

to  strike  out,  sufficiency  of  answer  tested  by,  when 

67 

to  dissolve  temporary  restraining  order 

68 

to  enlarge  time  for  performing  decree 

72 

to  take  testimony  otherwise  than  in  open  court 

74 

Municipal  court — 

on  appeal  from,  papers  and  transcript  of  docket  to 
be  filed 

14 
14 

14 

17 
17 

18 

19 
20 

21 
21 
21 
21 
21 
54 

1 

17 

on  appeal  from,  appellant  to  make  deposit  for  costs 

17 

on  certiorari  from,  petitioner  to  make  deposit  for 

costs 

18 

cases  appealed  or  brought  by  certiorari  from  to  be 
placed  on  appeal  calendar 

19 

summons  to  appellee  on  appeal  from,  form  of 

19 

failure  of  appellant  to  pay  marshal's  fee  for  serving 
summons                          

19 

.  appeal  from,  in  landlord  and  tenant  proceeding, 
summary  judgment  on  affidavit.... 

19 

cause  certified  from,  on  plea  of  title,  how  tried 

20 

certiorari  from,  on  ground  of  concurrent  jurisdic- 
tion, petition  for  to  be  supported  by  affidavit 

21 

not  to  be  made  party  to  certiorari 

21 

fee  of,  for  certifying  case  to  Supreme  Court 

21 

after  certiorari,  plaintiff  to  file  declaration 

21 

summary  judgment  on  affidavit 

21 

clerk  to  produce  papers  required  as  proof  in 

42 

N. 
Naturalization — 

petitions  for,  when  to  be  heard 

5 

Ne  exeat— 

not  granted  unless  praved  for  in  bill 

42 
42 

6S 

notice  of  motion  to  dissolve 

69 

New  trial — 

motion  for,  continuation  of  term  for  disposition  of 

1 
46 

46 
46 

46 

46 
46 
46 
46 

48 

5 

to  state  grounds 

38 

to    be    filed    within    four    days    after 
verdict 

38 

to  be  noted  on  minutes  on  dav  filed 

38 

may  be  made  at  same  time  with  mo- 
tion in  arrest  of  judgment,  etc 

38 

to  be  submitted  within   15  days  after 

verdict,  unless  time  is  extended 

if  not  so  submitted,  deemed  overrvded 

38 

38 

if  new  trial  be  refused,  judgment  may  be  arrested.... 

38 

if  refused,  judgment  to  be  entered  on  verdict  

to  be  granted  where  court  is  unable  to  settle  bill 
of  exceptions                                         

38 
39 

Next  friend — 

infants,  etc.,  may  sue  by 

16 

38 

59 

Nominal  party  (see  Parties) 

66 

INDEX  TO    L\W   AND    EQUITY   RULES 


XXIX 


Non-appearance — 

of  defendant,  judgment  by  default  for 

of  both  parties,  at  time  of  trial,  suit  dismissed  at 
plaintiff's  cost 

of  plaintiff,  defendant  may  have  plaintiff  called 
and  suit  dismissed  or  have  trial  of  issue 

of   defendant,    plaintiff   may    take   judgment    by 
default  or  be  required  to  prove  case 

of  defendant,  in  suit  in  equity 

Non    obstante    veredicto   (see  Judgment  Non  Ob- 
stante Veredicto) _.. . 

Non-resident  plaintiff — 

undertaking  for  security  for  costs,  form  of 

Non-suit — 

judgment  of,  for  defendant 

Notary  public — 

verification  of  pleading  before 

Note  of  issue — 

to  be  furnished  clerk  20  days  before  term  begins... 

what  to  contain 

Notice — 

to  attorney,  of  charges  against  him 

of  application  for  approval  of  bond,  etc 

not  required  in  case  of  corporation  surety 

of  attachment  before  judgment 

to  guarantee  to  answer  interrogatories 

of  answer  of  garnishee 

by  defendant  in  replevin 

of  issue  of  writ  of  certiorari 

to  plead,  not  necessary 

of  motion  to  dismiss,  etc.,  for  failure  to  plead 

of  hearing  of  motion,  etc 

form  of 

of  trial,  when  to  be  given. 

to  admit  documents,  form  of 

for  production  of  books  and  writings 

of  submission  of  bill  of  exceptions. 

of  attachment  on  judgment 

of  mechanic's  lien 

of  trial  of  criminal  case.. 

of  hearing  of  motion  to  dismiss  bill 

of  hearing  of  objection  for  want  of  parties 

of  hearing  of  motion  to  strike  out  answer 

of  application  for  preliminary  injunction,  etc 

of  motion  to  dissolve  restraining  order,  etc 

of  order  to  calendar  equity  cause 

of  objections  to  interrogatories 

of  hearing  before  auditor 

of  filing  of  report  of  auditor 

Notice  by  publication  (see  Publication)— 

to  be  publish i  1  in  Washington  Law  Reporter 
Notice  to  admit  documents  (see  Documents,  Notice 
to  Admit) 


Rule. 


Law. 


57,58 
60 
60 
60 


46 
15 
55 


35 
35 

6 

7 

7 

9 

9 

10 

12 

21 

26 

29 

33 

33 

34 

42 

43 

48 

66 

69 

72 

32 


Eq. 


30 


11 


36 
39 
42 
42 
54 
58 
64 
67 


24 
42 


Page. 

43 

44 

44 

44 
64 

38 

18 

43 

57 

30 
30 

8 
10 
10 
13 
.14 
14 
16 
21 
24 
27 
29 
30 
30 
35 
37 
39 
50 
51 
53 
65 
66 
67 
68 
69 
74 
75 
79 
81 

23 

35,  36 


XXX 


INDEX   TO    LAW    AND    EQUITY   RULES 


Notice  to  plead — 

not  required 

Notice  of  hearing — 

of  cases  on  motion  calendar 

Notice  of  trial — 

to  be  given  ten  days  before  term  begins 

either  party  may  give 

form  of 

of  criminal  cause,  to  be  given  defendant  where 
indictment  has  been  pending  18  months  or  more 
Nullity  of  marriage  (see  Marriage,  Annulment  of) — 
Nul  TiEL  record — 

issue  of,  judgment  on 


O. 
Oath — 

of  attorneys,  on  admission  to  bar,  form  of 

affirmation  in  lieu  of 

Officers — 

of  court  not  to  be  accepted  as  surety  on  bonds,  etc. 
Orders — 

interlocutory,  may  be  made  at  chambers,  etc 

in  computing  time  for  compliance  with,  day  of 
entry  or  service  to  be  excluded. 

for  service  by  publication 

for  production  of  books  and  writings 

for  consolidation  of  causes,  court  may  make 


Rule. 


Page. 


P. 
Papers — 

date  of  filing  to  be  noted  on  by  clerk 

not  to  be  taken  from  custody  of  clerk  except  by 
auditor,  etc.,  or  upon  order  of  court 

may  be  delivered  by  clerk  to  auditor  in  cause  re- 
ferred to  him 

examiners  may  be  furnished  with 

required  as  proof  in  municipal,  police,  and  juve- 
nile courts,  clerk  may  produce 

receipt  for  to  be  required  by  clerk..... 

delivered  by  clerk  to  auditor,  etc.,  not  to  be  taken 
from  custody  of._ 

copies   of,   entering   into   transcript  of   record   to 

show  date  of  filing 

Parties — 

names  of,  to  be  in  caption  to  first  pleading 

those   suing   to   be   designated   as   plaintiffs,   and 
those  sued,  as  defendants 

actions  to  be  in  name  of  real  party  in  interest 

executor,  etc.,  may  sue  in  own  name 

plaintiffs  and  defendants,  who  may  be  joined  as 

new  parties,  may  be  brought  in  when 

party  having  joint  interest  refusing  to  join  in  suit 
may  be  made  defendant 

intervention,  by  party  claiming  interest 


Law. 


26 

33 

34 
34 
34 

72 
55 


5 
39 


8 
24 
43 
44 


4 

54 

54 
54 

54 
54 

54 

63 

13 


Eq. 


14 
15 
15 
15 
15 

15 

15 


24 

29 

30 
30 

30 

53 
43 


8 
34 


1 


11 
23 
37 
37 


6 

42 

42 
42 

42 

42 

42 

46 

17 

58 
58 
58 
59 
59 

59 
59 


INDEX   TO   LAW   AND    EQUITY    RULES 


XXM 


Parties— Continued. 

infants,  etc.,  suits  by 

representatives  of  class,  suit  by  one  or  more 

absent,  etc.,  when  dispensed  with. 

decree  without  prejudice  to  rights  of.... 
bill  to  state  reason  why  not  made  part 

saving  as  to  rights  of....! 

suit  to  execute  trusts  of  will,  heir  at  law  as  party  to 

disability  of,  bill  to  state  fact  of 

joinder  of  causes  of  action  in  bill 

joint  and  several  demands,  suit  against  one  or  more 

of  parties  liable. 

want  of,  proceedings  when  suggested  in  answer 

failure  of  plaintiff,  to  set  down 

objections  for  want  of,  to  be  entered  on  motion 

calendar — 

objections  for  want  of,  hearing  on,  rule  as  to — 

omitted,  saving  for  in  decree 

nominal,  when  not  required  to  answer 

bound  by  decree  when 

entitled  to  costs,  when 

persons  not,  process  in  behalf  of  and  against 

Parties,  non-appearance  of  (see  Non-appearance)... 
Petition — 

continuation  of  term  for  disposition  of 

for  naturalization,  when  to  be  heard 

action  commenced  by  filing  of 

for  certiorari  to  municipal  court  to  be  accompanied 

by  affidavit 

for  special  remedial  writs,  to  be  verified 

copy  of,  to  be  served,  when 

applications  for  filing  of  grantable  of  course  by 

clerk 

for  divorce,  copy  to  be  mailed  to  absent  defendant 

for  nullity  of  marriage 

for  rehearing,  when  to  be  filed 

Plea — 

must  set  forth  true  defense 

may  deny  or  confess  and  avoid 

commencement  and  conclusion,  form  of 

order  of  pleading 

in  abatement,  to  be  verified  by  affidavit 

joinder  in  issue  on 

after  last  continuance,  form  of 

to  be  verified  by  affidavit .... 
time  to  reply  to  and  rejoin 
hearings  as  to  sufficiency  of,  to  be  entered  on  motion 

calendar 

to  accompany  motion  to  vacate  judgment  by  de- 
fault   

to  scire  facias,  or  action  on,  on  judgment,  etc.,  to 

be  verified  by  affidavit. 

in  equity  abolished 

defenses  presentable  by  to  be  made  by 
answer 


les. 


Rule. 


Law. 


33 
33 


60 

1 

1 

14 

21 
22 
25 


28 
28 
28 
28 
28 
30 
32 
32 
32 

33 

61 

67 


16 
17 
18 
18 
20 
37 
19 
20,23 
21 

22 
36 
36 


Eq. 


37 

38 
38 
38 
53 
30 


28 
44 
46 
50 


Page. 


59 
59 
59 
59 
60 
66 
59 
61 
60 


60, 


32 
32 


60 
66 
66 

29 
29 
66 
66 

67 
67 

73 
44,  64 

5 

5 

17 

21 
22 
23 

63 
69 

70 
71 

26 
26 
26 
26 
26 
28 
28 
29 
29 

29 

45 

50 
64 

64 


XXX11 


INDEX   TO    LAW    AND    EQUITY    RULES 


Pleadings — 

caption  to,  form  of 

first  pleading  to  contain  names  of  all 

parties— 

copies  of,  when  to  be  served 

brevity  required . 

to  be  signed  by  party  or  his  attorney 

to  be  written  or  printed  in  English  and  endorsed. .. 
no    formal    conclusion    or    prayer    for   judgment 

necessary... 

no  notice  or  rule  to  plead  required 


additional  time  for,  when  granted. 


declaration,  shall  state  what 

commencement  and  conclusion.- 

money  counts  combined. 

on  bills  and  notes 

plea,  shall  state  what 

order  of  pleading 

in  abatement,  affidavit  to  truth 

replication,  rejoinder,  etc.,  time  for  filing... 

dismissal  of  cause,  etc.,  on  failure  to  rejoin,  etc 

replication,  additional,  when  may  be  filed 

forms  of 

substance  of  denied  by  joinder  in  issue 

pleading  over,  on  overruling,  etc.,  of  demurrer 

defects  in,  motion  to  strike  out. 

matter  of  defense  arising  after  last  pleading 

equity  court  always  open  for  filing  of 

in  equity,  allegations  liberally  construed 

further  and  particular  statement  in  may 

be  required. 

scandal,  etc.,  in,  stricken  out 

technical   forms  abrogated 

supplemental,  when  permitted  to  be  filed 

presumptions  of  law,  etc.,  not  to  be  stated  in.... 

of  fact,  in  equity,  to  be  verified  by  party,  his  agent 

or  attorney 

verification  of  (see  Verification  of  Pleadings) 

in  equity,  to  be  signed  individually  by  attorney  of 

record 

signature  by  attorney  of  record,  effect  of.. 

applications  for  filing  of  grantable  of  course  by 

clerk... 

See  Answer;  bill  of  complaint;  reply. 
Plea  of  title — 

cause  certified    from   municipal    court   on,    to   be 

entered  on  appeal  calendar  

further  proceedings  in,  how  governed 

failure  of  plaintiff  to  make  deposit  for  costs 

no  summons  or  other  process  necessary  to  require 
appearance  of  parties. 


Rule. 


Law. 


{ 


13 

13 
25 
26 
26 
26 

26 
26 
26 
41 
27 
27 
27 
27 
28 
28 
28 
29 
29 
29 
29 
30 
31 
31 
32 


20 
20 
20 

20 


Page. 


Eq. 


10 


1 

4 

5 

6 

7 
8 
9 

10 
10,  11 

12 
12 

28 


17 

17 
23 
23 

23,  56 
24 

24 
24 

24,  35 

74 
24 
24 
25 
26 
26 
26 
26 
27 
27 
27 
28 
28 
28 
28 
55 
55 

55 
56 
56 
56 
56 

56 
56,  57 

58 
58 

63 


20 
20 

21 

21 


INDEX   TO   LAW    AND   EQUITY    RULES 


XXXU1 


Police  court — 

clerk  may  produce  papers  required  as  proof  in 

Possession — 

writ  of,  form  of 

decree  in  equity  for,  how  enforced.— 

Prayers  for  instructions  (see  Causes  of  Action,  Trial 


of). 


Presumptions  of  law — 

not  to  be  stated  in  pleading..... 

Process,  service  and  return  of — 

in  case  certified  on  plea  of  title  from  municipal 
court,  no  summons  or  other  process  necessary... 

copy  of  declaration,  etc.,  to  accompany  writ 

return  to  show  service  of 

summons,  when  returnable 

when  defendant  can  not 

be  found 

service  by  publication 

to  be  published  in  Washing- 
ton Law  Reporter. .._ 

proof  of  publication 

Process  (in  Equity) — ■ 

equity  court  always  open  for  issue  of 

application  for  grantable  of  course  by  clerk 

subpoena,  writ  of,  proper  process  to  require  de- 
fendant to  appear,  etc 

form  of. 

not  to  issue  until  bill  filed 

to  issue  of  course  after  bill  filed 

may  be  sued  out  for  each  defendant  sep- 
arately or  all  defendants  jointly 

service  of,  how  made 

return  of,  when  served,  to  be  made  forthwith 

when  defendant  not  found 

by  whom  served... --- 

service  of,  by  person  designated  by  court,  affidavit 

of .. 

alias  subpoena,  when  to  issue 

when  to  be  returned 

application  for,  grantable  of  course  by  clerk 

in  behalf  of  or  against  persons  not  parties 

Prochein  ami — 

infants,  etc.,  may  sue  by 

Pro  confesso — 

on  default  of  defendant  to  appear 

proceedings  in  case  of 

if  plaintiff  requires  discovery  or  answer,  process 

of  attachment  may  issue  after 

decree  after,  when  to  be  made 

setting  aside  of 

on  setting  aside,  defendant  to  pay  costs 

for  failure  of  defendant  to  answer  bill 

for  failure  to  reply  to  answer  setting   up  counter 
claim 


Rule. 


Page. 


Law. 


54 
64 


44 


20 
24 
24 
24 

24 
24 

24 
24 


Eq. 


52 


1 

28 

25 
25 

26 
26 

26 
26 
26 
26 
26 

26 
27 

27 
28 
53 

16 

30 
30 

30 
31 
31 
31 
32 

40 


42 

47 
72 

37 

56 


21 
22 
22 
23 

23 
23 

23 
23 

55 
63 

62 
62 
62 
62 

62 
62 
62 
62 
62 

62 
63 
63 
63 

73 

59 

64 
64 

64 
64 
64 
64 
64 

67 


XXXIV 


INDEX   TO   LAW   AND   EQUITY   RULES 


Production  of  books  and  writings  (see  Books  and 
Writings,  Production  of) 

Publication — 

service  by. 

order  to  be  published  in  Washington  Law  Reporter 
proof  of,  how  made._ 


Q. 

QUO  WARRANTO — 

petition  for,  verified  by  affidavit  of  applicant,  to 
be  filed 

may  be  heard  by  circuit  or  criminal  court  or  at 
chambers.... 

motions  to  quash,  etc.,  may  be  heard  in  same 
manner 


R. 
Receivers — 

to  make  report  of  trust  funds,  when.... 

Recovery  less  than  court's  jurisdiction  costs  on. 
Rehearing — 

petition  for,  to  state  grounds  and  be  verified  by  oath 

to  be  signed  by  counsel 

when  to  be  filed. 

correction  of  clerical  mistakes  in  decree  without. 

Reference  to  auditor  (see  Auditor). 

Rejoinder — 

when  to  be  filed  and  served 

failure  to  file  within  time  limited. 

Relief — 

prayer  for 

Rent,  Attachment  for  (see  Attachment  for  Rent) 

Replevin — 

undertaking    to   discharge,   notice   of   application 
for  approval  of 

undertaking  of  plaintiff  in.  form  of 

writ,  form  of 

marshal  to  retain  property,  for  what  period 

undertaking    of   defendant   on   return   of    goods, 
form  of 

writ  of  retorno  habendo,  form  of 

Replication  (at  Law) — 

may  deny  or  confess  and  avoid  plea 

when  to  be  filed  and  served 

failure  to  file  within  time  limited 

additional  replications,  leave  to  file 

forms  of 

joinder  in  issue  on 

to  plea  after  last  continuance 

in  equity  (see  Reply) 

Reply — 

to  specifically  admit  or  deny  allegations  of  answer 

not  required,  unless  set-off  or  counter-claim  pleaded 
in  answer 


Rule. 


Law. 


43 

24 
24 
24 


22 
22 
22 


16 


29 
29 


11 


7 
12 
12 
12 

12 
12 

28 
29 
29 
29 
29 
30 
32 


Eq. 


58 


73,74 


50 
50 
50 
51 
63-69 


20 


9,40 

9 

40 


Page. 


37,  76 

23 
23 
23 


22 

22 
22 


85,86 
18 

71 
71 
71 
71 
79-81 

26 
26 

60 
14 


10 
15 
15 
16 

16 
16 

26 
26 
26 
27 
27 
28 
28 
56,  67 

56 

67 


INDEX   TO    LAW   AND    EQUITY   RULES 


XXXV 


Reply — Continued. 

issue  made  by  filing  of  answer 

to  be  filed  when,  where  answer  includes  set-off  or 

counter-claim 

by  defendants  whose  rights  are 
affected  by  set-off  or  counter- 
claim..  

default  of,  pro  confesso  on  counter-claim 

Report — 

of  auditor 

of  trustee,  etc.,  for  sale  of  real  estate 

to  show  compliance  with  rule 

of  fiduciary,  as  to  trust  funds 

Retorno  habendo — 

writ,  form  of 

Return — 

by  marshal,  of  summons  for  appellee  when  fee  not 

paid 

by  marshal,  of  certiorari,  when  fee  for  municipal 

court  not  paid 

of  summons   for  defendant,   to   show   service   of 

copies  of  declaration,  etc.... 

of  summons  for  defendant,  when  to  be  made 

when     defendant    not 

found 

of  commission  to  take  testimony 

of  writ  of  possession,  when  to  be  made 

of  fi.  fa.,  when  to  be  made 

of  subpoena,  when  to  be  made 

of  alias  subpoena,  when  to  be  made 

of  non  est  inventus,  on  decree  for  specific  act 

of  auditor's  report,  when  to  be  made 

by  trustee,  etc.,  of  account  of  court  sale 

Review,  bile  of  (see  Bill  of  Review) 

Revivor,  bill  of  {see  Bill  of  Revivor) 

Rule  day — 

first  Tuesday  of  month  designated  as 


Saturdays — 

to  be  counted  in  computing  time  for  compliance 

with  order,  etc 

Scandal  and  impertinence — 

in  pleading,  motion,  etc.,  to  strike  out  

Scire  facias — 

plea  to,  must  be  accompanied  by  affidavit 

Security — 

when  insufficient,  court  may  require  additional 

for  costs,  undertaking  of  non-resident  plaintiff 

Sequestration — 

writ  of,  to  compel  performance  of  decree  for 
specific  act._ 


Rule. 


Law. 


12 


17 

21 

24 
24 

24 
38 
64 
66 


Page. 


Eq. 


40 
40 


40 
40 


68 
72 
72 
73,74 


67 

7 
15 


26 

27 
52 
68 
72 
62 
61 


67 
67 


67 
67 

81 
84 
82 
8  5,  86 

16 


19 

21 

22 
23 

23 
33 
48 
48 
62 
63 
72 
81 
83 
79 
78 

55 


52 


11 
56 

50 

10 
18 

72 


XXXVI 


INDEX   TO    LAW   AND    EQUITY   RULES 


Set-off — 

instrument  pleaded  by  way  of,  proof  of  signature 

not  required  unless  denied  by  affidavit 

verdict  for  defendant  on  plea  of,  form  of 

answer  in  equity  may  plead,  without  cross-bill 

motion  to  strike  out  answer 

reply  to,  when  to  be  made 

by  defendant  affected  by. 

default  of,  pro  confesso  on 

Signature — 

to  pleadings,  by  party  or  attorney... 


proof  of,  not  required,  unless  denied  by  affidavit, 

when. 

instrument  or  copy  thereof  to  be  filed 

when  original  not  filed,  opposite  party,  on  mo- 
tion, may  inspect  it 

affidavit  by  corporation,  who  to  make 

Signature  of  counsel — 

must  be  annexed  to  bill  or  other  pleading 

Special  demurrer — 

m     motion  to  strike  out,  etc.,  in  lieu  of 

Special  remedial  writs — 

petition  for,  to  state  grounds  and  be  verified  by 

affidavit 

in  quo  warranto  and  mandamus,  applicant  to  make 

affidavit 

application  may  be  heard  by  circuit  or  criminal 

court  or  at  chambers 

motion  to  quash,  etc.,  heard  in  same  manner 

Special  verdict  (see  Verdict) 

Special  writ — 

of  execution  when  issued 

Stay  of  execution — 

when  appeal  to  Court  of  Appeals  to  operate  as, 
bond  to  be  given 

STENO  GRAPHER — 

may  be  appointed  when  necessary 

fee  fixed  by  court  and  taxed  as  costs 

expense  of  deposition  or  cost  of  transcript  to  be  ad- 
vanced by  party  calling  witness  or  ordering  tran- 
script...  

Stipulations — 

to  be  in  writing  and  signed  by  parties  or  counsel... 
Subpoena — 

proper  process  in  first  instance  in  equity  causes 

form  of 

when  to  issue 

may  be  sued  out  for  each  defendant  separately  or 

all  defendants  jointly 

service  of,  how  made 

by  whom  made 

proof  of,  by  person  specially  designated 


Rule. 


Law.   Eq. 


41 

50 


26 


41 
41 

41 
41 


31 

22 

22 

22 
22 
51 

65 
62 


23 


34 
39 
40 
40 
40 

10,12 


12 


70 
70 


70 


25 
25 

26 

26 
26 
26 
26 


Page. 


35 
40 
65 
67 
67 
67 
67 
23 
56 
.58 


35 
35 

35 
35 

58 

28 

22 

22 

22 
22 
41 

48 

45 

82 
82 

82 

22 

62 
62 
62 

62 
62 
62 
62 


INDEX  TO   LAW   AND   EQUITY   RULES 


XXXV11 


Subpoena — Continued . 

return  of,  when  to  be  made 

alias,  when  to  issue 

when  to  be  returned 

to  issue,  on  bill  of  revivor 

Subpoena  ad  test — 

at  law,  form  of 

in  equity,  form  of 

witnesses  before  auditor,  etc.,  summoned  by 

Subpoena  duces  tecum — 

not  to  be  issued  without  order  of  court 

Suit  (see  Action  or  Suit) — 
Summons — 

to    appellee,    on    appeal    from    municipal    court, 

form  of 

to  appellee,  return  of,  on  failure  to  pay  marshal's  fee 
not   required   on  cause  certified   from   municipal 

court  on  plea  of  title 

copy  of  declaration,  etc.,  to  accompany 

when  returnable 

when  defendant  not  found 

after  return  of,  issues  of  fact  agreed  may  be  stated 
Sundays — 

not  counted  in  computing  time 

Supersedeas — 

bond  to  operate  as,  notice  of  application  for  ap- 
proval of 

application  for,  when  to  be  heard 

petition  to  state  grounds  and  be  verified  by  affidavit 
when  appeal  to  Court  of  Appeals  to  operate  as, 

bond  to  be  given 

Supplemental  pleadings — 

when  permitted  to  be  filed 

Surety — 

members  of  bar  and  officers' of  court  not  to  be  ac 

cepted    as 

name  and  address  of,  in  notice  for  application   for 

approval  

corporation  surety,  certificate  of  clerk  as  to  author- 
ity and  agent 

not  to  be  named  in  alternative ; 

Suspension  and   removal   of  attorneys  (see  Attor 
neys) 


Tables — 

of  allowance  in  lieu  of  dower,  etc. 

of  commissions  on  court  sales 

Taxes  and  assessments — 

payment  of,  in  court  sale 

Terms  of  court — 

when  to  begin. 

continuation  of 


Rule. 


Page. 


Law. 


37 


37 


17 

18 

20 
24 
24 
24 
40 

8 


7 
22 
22 

62 


7 

7 

7 
7 


Eq. 


26 

27 
27 
61 


60 
60 


71 

72 

72 


62 
63 
63 

78 

31 
78 
78 

32 


19 

19 

21 
22 
23 
23 
35 

11 


10 
22 

22 

45 
56 


11 

10 

10 
10 


82 
85 

83 

5 
5 


XXXV111 


INDEX   TO   LAW   AND   EQUITY   RULES 


Testimony — 

spa.  ad.  test.,  form  of. 

subpoena  duces  tecum  not  to  be  issued  without 

order  of  court 

witnesses,  proof  of  attendance 

certificate  of  attendance,  form  of 

commission  to  take  depositions 

motion  for,  to  give  names  and  addresses  of  witnesses 

interrogatories,  when  to  be  filed 

copy  of  to  be  served  on  opposite 

party 

carriage  of  commission  to  be  entrusted  to  party 

applying  for 

publication  of,  when  to  be  made 

commission,  form  of 

commissioner's  return,  form  of 

Testimony  (in  equity) — 

in  suit  for  divorce,  how  taken 

to  be  taken  orally  in  court,  unless  otherwise  ordered 
motion  to  take  otherwise  than  in  open  court,  when 

to  be  made 

extended  reading  of,  not  permitted 

brief  of,  counsel  to  make,  when 

evidence,  exceptions  to  admission  or  exclusion  of.... 

bill  of  exceptions  as  to  rulings  on 

sufficiency  of,  exception  as  to 

may  be  taken  before  examiner,  when 

before  examiner,  how  taken 

refusal  of  witness  to  sign  deposition 
special  matters  may  be  certified... . 
objections  to  questions  to  be  noted 

costs  of  incompetent 

refusal  of  witness  to  attend,  etc 

original  deposition  to  be  filed 

expense  of  taking,  how  paid 

commission  to  take,  on  interrogatories,  when  to  be 

issued 

before  commissioner,  auditor,  or  examiner 

refusal  of  witness  to  appear,  etc.,  contempt  of  court 

attachment  to  compel  witness  to  appear,  etc 

spa.  ad.  test.,  form  of 

stenographer  to  take,  appointment  and  fees  of 

Time  computation  of — 

Sundays  and  legal  holidays  excluded,  unless  ex- 
pressly included 

Saturday  half-holiday  not  counted  in  excluded  days 
day  of  service  of  rule,  etc.,  to  be  excluded  in  com- 
puting time  for  compliance,  and  day  on  which 

compliance  is  required  to  be  included 

Transcript  of  record  (see  Appeal  to  Court  of  Appeals) 
Transfer  of  causes — 

from  law  to  equity,  and  vice  versa 


Rule. 


Law. 


37 

37 
37 
37 

38 
38 
38 

38 

38 
38 
38 
38 


8 
8 


8 
62 

76 


Eq. 


60 


48 
59 

55 
57 
57 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 

59 
60 
60 
60 
60 
70 


Page. 


31, 


INDEX   TO    L\W   AND    EQUITY    RULES 


XXXIX 


Trial  calendar — 

causes  to  be  entered  on,  when 

causes  entered  on  by  consent  of  parties 

causes  not  to  be  entered  on  while  demurrer  to  any 

pleading  pending— 

causes  entered  on  to  remain  until  disposed  of 

cause  called  for  trial  at  two  terms  and  not  tried  or 

regularly  continued  to  be  stricken  from 

record  of  causes  stricken  from  to  be  kept 

causes  stricken  from  may  be  restored  on  motion  in 

writing  within  one  year 

if  motion  to  restore  not  made  within  one  year,  cause 

to  be  dismissed 

cause  restored,  if  not  tried  when  called  for  trial,  to 

be  dismissed  at  cost  of  plaintiff 

Trial,  notice  of  {see  Notice  of  Trial).. 

Trial  by  master  {see  Master,  Trial  by) 

Trial  of  causes  {see  Causes  of  Action,  Trial  of) 

Trust — 

of  will,  suit  to  execute,  heir  not  necessary  party  .... 
Trustee — 

may  sue  in  own  name,  when 

to  make  report  of  trust  funds,  when 

Trustees'  sale  {see  Court  Sales) 

Trust  funds — 

trustee  and  fiduciaries,  report  of,  when  to  be  filed... 

report  of,  what  to  set  forth 

time  of  filing  to  be  noted  on  docket 

to  be  transmitted  to  auditor  for  exam- 
ination..  

securities  reported  to  be  exhibited  before 

auditor 

correctness  of  statements  in  to  be  ascer- 
tained by  auditor 

fees  of  auditor  for  examination  of. 

delinquent  trustees,  etc.,  clerk  to  report  names  of.... 

forfeiture  of  office  of 

undistributed  funds,  report  as  to :.. 

disposition  of 

fiduciary's  bond,  form  of 


U. 
Uncontested  matters — 

when  to  be  heard 

Undertakings  {see  Bonds  and  Undertakings)— 

notice  of  application  for  approval  of,  when  to  be 

given  

when   insufficient,   court   may   require   additional 

security  

members  of  bar,  etc.,  not  to  be  accepted  as  surety 

on 

of  plaintiff  in  replevin,  form  of 

of  defendant  in  replevin  to  release  goods,  form  of.... 
of  non-resident  plaintiff,  for  costs 


Rule. 


Law. 


36 
36 

36 
36 

36 
36 

36 

36 

36 
34,72 


44 


7 
12 
12 
15 


Page. 


Eq. 


49 


19 

15 

73,74 

72 

73 
73 

73 


73 
73 

73 
73 
73 
73 
74 
74 


57 


30, 


31 
31 

31 

31 

31 
31 

31 
31 
31 

31 
53 

71 
37 

59 


58 

85,  86 

83 

86 
86 
87 

87 

87 

87 
87 
87 
87 
.  88 
88 


74 


10 
10 

11 

15 
16 
18 


xl 


INDEX   TO    LAW    AND    EQUITY    RULES 


Undertakings  (see  Bonds  and  Undertakings) — Con. 

of  defendant  on  plea  of  title  before  municipal  court 

to  discharge  mechanic's  lien,  form  of 

power  of  clerk  to  approve 

United  States  commissioner — 

transcript  of  proceedings  from,  to  be  entered  on 

criminal  docket 

Unliquidated  sums  of  money — 

in  action  for,  when  inquiry  by  jury  awarded 

Unsound  mind,  persons  op  {see  Lunatics) 

V. 
Vacating  judgment — 

motion  to  state  grounds  and  be  verified  by  affidavit 

by  default,   motion  to  be  accompanied  by  plea 

setting  up  defense  and  be  verified  by  affidavit... 

may  be  filed,  when.. 

Verdict — 

for  plaintiff — general,  form  of 

in  action  where  interest  is  recoverable 

for  defendant — general,  form  of. 

on  plea  of  set-off,  form  of 

for  both  parties,  form  of 

special,  parties  may  elect  to  take._ 

form  of 

special,  to  be  entered  on  minutes. 

subject  to  opinion  of  court,  form  of 

on  inquiry  by  jury 

Verification  of  pleadings — 

to  be  verified  by  affidavit  of  party,  his  agent  or 

attorney 

corporation  party,  by  whom  made 

when  United  States  is  party,  by  whom  made 

when  not  required 

where  several  parties  plead  jointly,  affidavit  by  one 

only  applicable  to  amount  claimed,  when 

effect  of. 

may  be  by  agent  or  attorney,  when 

when  sufficient. 

before  whom  made 

to  be  signed  by  party  making  it 

certificate  of  officer,  evidence  of  what 

Vouchers — 

clerk  to  file  with  report  of  moneys  in  registry  of 
court 


W. 

Washington  Law  Reporter — 

notices,  etc.,  to  be  published  in. 


Rule. 


Law. 


20 
69 


71 
59 

61 

61 
61 

50 
50 
50 
50 
50 
51 
51 
51 
52 
59 


Eq. 


28 


10 
10 
10 
10 
10 
10 
10 
10 
10 

11 
11 
li 


Page. 


21 
51 
63 


52 
44 

45 

45 
45 

40 
40 
40 
40 
40 
41 
41 
41 
41 
44 


56 
56 
56 

57 
57 
57 
57 
57 
57 
57 
57 
58 


24 


23 


INDEX   TO    LAW   AND    EQUITY   RULES 


Xli 


Witnesses — 

proof  of  attendance 

certificate  of  attendance,  form  of 

testimony  of,  to  be  heard  orally  by  court  unless 
otherwise  ordered 

testimony  of,  taking  of  before  examiner 

before  commissioner,  auditor  or  examiner,  attend- 
ance of,  how  enforced 

refusal  of  to  appear  or  give  evidence  a  contempt 
of  court _ 

attachment  of  for  contempt 

examination  of  viva  voce  in  open  court 


Writings  {see  Books  and  Writings,  Production  of;  Doc- 
uments, Notice  to  Admit,  etc. ;  Signature) 

Writs  {see  Forms) — - 

special  remedial,  rule  as  to 


Rule. 


Law.      Ed. 


37 
37 


( 


41 
42 
43 

22 


59 
59 

60 

60 
60 
60 

58 


Page. 


32 

32 

76 
76-78 

77 

78 
78 
78 
35 
37 
76 

22 


ADMIRALTY    RULES  89 


ADMIRALTY   RULES. 


ISSUING  PROCESS. 

1 

No  mesne  process  shall  issue  in  any  civil  cause  of  admiralty 
and  maritime  jurisdiction  until  a  libel  or  libel  of  information 
shall  have  been  filed  in  the  clerk's  office. 

SERVICE. 

2 

All  process  shall  be  served  by  the  marshal  for  the  District  of 
Columbia,  or  his  deputy,  if  required,  except  when  the  marshal 
is  a  party  or  interested  or  it  is  unfit  on  other  grounds  that  he 
should  serve  and  execute  the  process  to  be  issued  when  such 
process  shall  issue  to  the  coroner  of  said  District  and  the  return 
shall  be  prima  facie  evidence  of  the  statements  therein. 

RETURN. 

3 

Monitions,  citations,  and  warrants  of  arrest  shall  in  all  cases 
be  made  returnable  in  fourteen  days,  except  when  the  justice, 
by  special  order,  shall  designate  an  earlier  day. 

FORM  OF,  IN   PERSONAM. 

4 

In  suits  in  personam  the  mesne  process  may  be  by  a  monition 
in  the  nature  of  a  summons  of  the  defendant  to  appear  and  answer 
the  suit,  or  by  such  summons,  with  a  clause  therein,  if  he  can  not 
be  found,  to  attach  his  goods  and  chattels  to  the  amount  sued 


90  ADMIRALTY    RULES 

for,  or,  if  such  property  can  not  be  found,  to  attach  his  credits 
and  effects  to  the  amount  sued  for  in  the  hands  of  the  garnishees 
named  therein,  as  the  libelant  shall  in  his  libel  or  information 
pray.    (Rules  in  Admiralty  of  Supreme  Court  of  U.  S.,  No.  2.) 

ARREST  OF  PROPERTY— FOR  WHAT  SUM. 

5 

In  suits  in  personam  no  warrant  of  arrest  of  the  property  of 
the  defendant  shall  issue  for  a  sum  exceeding  five  hundred  dollars, 
unless  by  a  special  order  of  the  court,  upon  affidavit  or  other 
proper  proof  showing  the  propriety  thereof. 

GARNISHEE. 

6 

In  cases  of  foreign  attachment  the  garnishee  shall  be  required 
to  answer,  under  oath  or  solemn  affirmation,  as  to  the  debts, 
credits,  or  effects  of  the  defendant  in  his  hands,  and  to  such 
interrogatories  touching  the  same  as  may  be  propounded  by 
the  libelant,  and  if  he  shall  refuse  or  neglect  so  to  do  the  court 
may  award  compulsory  process  in  personam  against  him.  If 
he  admits  any  debts,  credits,  or  effects  the  same  shall  be  held 
in  his  hands  liable  to  answer  the  exigency  of  the  suit. 

DISSOLUTION  OF  ATTACHMENT. 

7 

When  goods  and  chattels  or  credits  and  effects  are  attached 
in  any  suit  in  personam,  under  a  warrant  authorizing  the  same, 
the  attachment  may  be  dissolved  by  order  of  the  court  upon  the 
defendant  whose  property  is  so  attached  giving  a  bond  or  stipula- 
tion, with  sufficient  sureties,  to  abide  by  all  orders,  interlocutory 
or  final,  of  the  court,  and  pay  the  amount  awarded  by  the  final 
decree  rendered  in  said  cause;  and  summary  process  of  execution 
may  and  shall  be  issued  against  the  principal  and  sureties  on  said 
bond  or  stipulation  to  enforce  the  final  decree  so  rendered,  or, 
upon  appeal,  by  the  appellate  court. 


ADMIRALTY    RULES  91 

PROCESS  IN  REM. 
8 
In  all  cases  of  seizure,  and  other  suits  and  proceedings  in  rem, 
the  process,  unless  otherwise  provided  for  by  statute,  shall  be 
by  warrant  of  arrest  of  the  ship,  goods,  or  other  things  to  be 
arrested;  and  the  marshal  shall  thereupon  arrest  and  take  the 
ship,  goods,  or  other  things  into  his  possession  for  safe  custody, 
and  shall  cause  notice  thereof  to  be  given  by  publishing  in  some 
newspaper  in  the  city  of  Washington  a  short  statement  of  the 
purport  of  the  libel,  with  the  order  of  the  court  thereon,  setting 
forth  the  time  appointed  for  return  of  such  process  and  the  hear- 
ing of  the  cause,  and  by  posting  up  the  same,  for  the  space  of 
fourteen  days,  at  the  door  of  the  court-house;  Provided,  That 
the  justice  may,  by  special  order,  direct  a  shorter  notice  than 
fourteen  days. 

TACKLE,    ETC.,    IN    POSSESSION    OF   THIRD    PERSON. 


If  in  any  suit  in  rem  against  a  ship,  her  tackle,  sails,  apparel-, 
furniture,  boats,  or  other  appurtenances  such  tackle,  sails,  apparel, 
furniture,  boats,  or  other  appurtenances  are  in  the  possession  or 
custody  of  any  third  person,  the  court  may,  after  a  due  monition 
to  such  third  person,  and  a  hearing  of  the  cause,  if  any,  why  the 
same  should  not  be  delivered  over,  award  and  decree  that  the 
same  be  delivered  into  the  custody  of  the  marshal,  or  other  proper 
officer,  if,  upon  the  hearing,  the  same  is  required  by  law  and  justice. 

PROPERTY  ATTACHED  TO  OR  BOUND  BY  SUIT. 

10 

Where  freight  or  other  proceeds  of  property  are  attached  to 
or  bound  by  the  suit  in  any  proceedings  in  rem,  and  are  in  the 
hands  or  possession  of  any  person,  the  court  may,  upon  due 
application  by  petition  of  the  party  interested,  require  the  party 
charged  with  the  possession  thereof  to  appear  and  show  cause 
why  the  same  should  not  be  brought  into  court  to  answer  the 


92  ADMIRALTY    RULES 

exigency  of  the  suit,  and,  if  no  sufficient  cause  be  shown,  may 
order  the  same  to  be  so  brought  in  for  such  purpose,  and,  upon 
failure  of  the  party  to  comply  with  such  order,  may  award  an 
attachment  or  other  compulsory  process  to  compel  obedience 
thereto. 

DELIVERY. 

11 

In  all  cases  where  any  ship  or  goods  or  other  property  are 
arrested  the  court  may,  upon  the  application  of  the  claimant, 
order  a  delivery  thereof  to  him  upon  a  due  appraisement,  to  be 
had  under  its  direction,  either  upon  the  claimant's  depositing 
in  court  so  much  money  as  the  court  shall  order  or  upon  his 
giving  a  stipulation,  with  sureties,  in  such  sum  as  the  court  shall 
direct,  to  abide  by  and  pay  the  money  awarded  by  the  final 
decree  rendered  by  the  court  or  by  the  appellate  court;  and  if  the 
claimant  shall  decline  such  stipulation,  then  the  court  may,  in 
its  discretion,  upon  the  application  of  either  party  and  due  cause 
shown,  order  a  sale  of  such  ship,  and  the  proceeds  thereof  to  be 
brought  into  court  or  otherwise  disposed  of,  as  it  may  deem  most 
for  the  benefit  of  all  concerned. 

DELIVERY  ON  PAYMENT  INTO  COURT. 

12 

In  suits  in  rem  for  seamen's,  wages,  and  in  all  other  actions  in 
rem  for  sums  certain,  the  claimant  or  respondent  may  pay  into 
court  the  amount  sworn  to  be  due  in  the  libel,  with  interest  com- 
puted thereon  from  the  time  it  was  due  to  the  return  day  of  the 
attachment,  and  the  costs  of  the  officers  of  the  court  already 
accrued,  together  with  the  sum  of  fifty  dollars  to  cover  further 
costs,  etc.,  or,  at  his  option,  may  give  stipulation  to  pay  such 
sworn  amount  with  interest,  costs,  and  damages  (first  paying 
into  court  the  costs  of  the  officers  of  the  court  already  accrued), 
and  in  either  case  may  thereupon  have  an  order  entered  instantly 
for  the  delivery  of  the  property  arrested  without  having  the  same 
appraised. 


ADMIRALTY   RULES  93 

PERISHABLE  GOODS. 
13 

Where  any  goods  or  other  things  arrested  are  perishable,  or 
are  liable  to  deterioration,  decay,  or  injury,  by  being  detained 
in  custody  pending  the  suit,  the  court  may,  upon  the  application 
of  either  party,  in  its  discretion,  order  the  same  to  be  sold,  and 
the  proceeds,  or  so  much  thereof  as  shall  be  a  full  security  to 
satisfy  the  decree,  to  be  brought  into  court  to  abide  the  event 
of  the  suit,  or  may,  upon  the  application  of  the  claimant,  order 
a  delivery  thereof  to  him  upon  compliance  with  the  proceedings 
and  conditions  prescribed  as  to  the  delivery  of  ships  in  the  pre- 
ceding rule. 

WAGES. 

14 

In  all  suits  for  mariner's  wages  the  libelant  may  proceed  against 
the  ship,  freight,  and  master,  or  against  the  ship  and  freight,  or 
against  the  owner  or  the  master  alone  in  personam. 

PILOTAGE. 
15 

In  all  suits  for  pilotage  the  libelant  may  proceed  against  the 
ship  and  master,  or  against  the  ship,  or  against  the  owner  or 
the  master  alone  in  personam. 

SUPPLIES,  REPAIRS,  ETC. 
16 

In  all  suits  by  material  men  for  supplies  or  repairs  or  other 
necessaries  for  a  foreign  ship,  or  for  a  ship  in  a  foreign  port,  the 
libelant  may  proceed  against  the  ship  and  freight  in  rem  or  against 
the  master  or  the  owner  alone  in  personam ;  and  the  like  pro- 
ceedings in  rem  shall  apply  to  cases  of  domestic  ships,  where,  by 
the  local  law,  a  lien  is  given  to  material  men  for  supplies,  repairs, 
or  other  necessaries. 

HYPOTHECATION. 

17 

In  all  suits  founded  upon  a  mere  maritime  hypothecation, 
either   expressed   or   implied,   of   the   master,  for   moneys   taken 


94  ADMIRALTY    RULES 

up  in  a  foreign  port,  for  supplies  or  repairs,  or  other  necessaries 
for  the  voyage,  without  any  claim  of  marine  interest,  the  libelant 
may  proceed  either  in  rem  against  the  ship  or  freight  or  against 
the  master  or  the  owner  alone  in  personam. 

BOTTOMRY. 

18 

All  suits  on  bottomry  bonds,  properly  so  called,  shall  be  in  rem 
only  against  the  property  hypothecated,  or  the  proceeds  of  the 
property,  in  whosesoever  hands  the  same  may  be  found  unless 
the  master  has,  without  authority,  given  the  bottomry  bond,  or 
by  his  fraud  or  misconduct  has  avoided  the  same,  or  has  sub- 
tracted the  property,  or  unless  the  owner  has,  by  his  own  mis- 
conduct or  wrong,  lost  or  subtracted  the  property,  in  which  latter 
cases  the  suit  may  be  in  personam  against  the  wrongdoer. 

SALVAGE. 
19 

Suits  for  salvage  may  be  in  rem  against  the  property  saved, 

or  the    proceeds   thereof,   or  in  personam  against  the  party  at 

whose  request  and  for  whose  benefit  the  salvage  service  has  been 

performed. 

COLLISION. 

20 

In  all  suits  for  damage  by  collision  the  libelant  may  proceed 
against  the  ship  and  master,  or  against  the  ship  alone,  or  against 
the  master  or  the  owner  alone  in  personam. 

ASSAULT  OR  BEATING. 

21 

All  suits  for  assault  or  beating,  in  any  place  within  the  admiralty 
and  maritime  jurisdiction,  shall  be  in  personam  only. 

PETITORY  AND  POSSESSORY  SUITS. 

22 

In  petitory  and  possessory  suits  between  part  owners  or  adverse 
proprietors,  or  by  the  owners  of  a  ship,  or  the  majority  thereof, 


ADMIRALTY   RULES  95 

against  the  master  of  a  ship,  for  the  ascertainment  of  the  title 
and  delivery  of  the  possession,  or  for  the  possession  only,  or  by 
one  or  more  part  owners  against  the  others  to  obtain  security 
for  the  return  of  the  ship  from  any  voyage  undertaken  without 
their  consent,  or  by  one  or  more  of  the  part  owners  against  the 
others  to  obtain  possession  of  the  ship  for  any  voyage  upon 
giving  security  for  the  safe  return  thereof,  the  process  shall  be 
by  an  arrest  of  the  ship  and  by  a  monition  to  the  adverse  party 
or  parties  to  appear  and  make  answer  to  the  suit. 

LIBELS  IN  SEIZURES. 
23 

All  informations  and  libels  of  information  upon  seizures  for 
any  breach  of  the  revenue  or  navigation  or  other  laws  of  the 
United  States  shall  state  the  place  of  seizure,  whether  it  be  on 
land  or  on  the  high  seas,  or  on  navigable  waters  within  the  ad- 
.  miralty  and  maritime  jurisdiction  of  the  United  States,  and  the 
district  within  which  the  property  is  brought,  and  where  it  then 
is.  They  shall  also  propound,  in  distinct  articles,  the  matter 
relied  on  as  grounds  or  causes  of  forfeiture,  and  aver  the  same  to 
be  contrary  to  the  form  of  the  statute  or  statutes  of  the  United 
States  in  such  case  provided,  as  the  case  may  require,  and  shall 
conclude  with  a  prayer  of  due  process  to  enforce  the  forfeiture, 
and  to  give  notice  to  all  persons  concerned  in  interest  to  appear 
and  show  cause,  at  the  return  day  of  the  process,  why  the  forfei- 
ture should  not  be  decreed. 

IN  CIVIL  CASES. 
24 

In  instance  causes,  civil  and  maritime,  the  libel  shall  state 
the  nature  of  the  cause,  as,  for  example,  that  it  is  a  cause,  civil 
and  maritime,  of  contract,  or  of  tort  or  damage,  or  of  salvage,  or 
of  possession,  or  otherwise,  as  the  case  may  be;  and,  if  the  suit 
be  in  rem,  that  the  property  is  within  the  District,  and,  if  in 
personam,  the  names  and  occupations  and  places  of  residence 
of  the  parties.  It  shall  also  propound  in  distinct  articles  the  various 
allegations  of  fact  upon  which  the  libelant  relies  in  support  of  his 
suit,  so  that  the  defendant  may  be  enabled  to  answer  distinctly 


96  ADMIRALTY   RULES 

and  separately  the  several  matters  contained  in  each  article,  and 
it  shall  conclude  with  a  prayer  of  due  process  to  enforce  his  rights 
in  rem  or  in  personam  (as  the  case  may  be)  and  for  such  relief 
and  redress  as  the  court  is  competent  to  give  in  the  premises. 
And  the  libelant  may,  at  the  conclusion  thereof,  require  the  de- 
fendant to  answer  on  oath  all  interrogatories  propounded  by  him 
touching,  all  and  singular,  the  allegations  in  the  libel. 

AMENDMENTS. 
25 

Amendments  in  matters  of  form  in  informations  and    libels 

may  be  made  at  any  time,  on  motion  to  the  court,  as  of  course. 

New  counts  may  be  filed,  and  amendments  in  matters  of  substance 

may  be  made  upon  motion,  at  any  time  before  the  final  decree, 

upon  such  terms  as  the  court  shall  impose.    And  where  any  defect 

of  form  is  set  down  by  the  defendant  upon  special  exceptions,  and 

is  allowed,  the  court  may,  in  granting  leave  to  amend,  impose 

terms  upon  the  libelant. 

CLAIM. 

26 

In  suits  in  rem  the  party  claiming  the  property  shall  verify 
his  claim  on  oath  or  solemn  affirmation,  stating  that  the  claimant 
by  whom  or  on  whose  behalf  the  claim  is  made  is  the  true  and 
bona  fide  owner,  and  that  no  other  person  is  the  owner  thereof, 
and  where  the  claim  is  put  in  by  an  agent  or  consignee  he  shall 
also  make  oath  that  he  is  duly  authorized  thereto  by  the  owner, 
or,  if  the  property  be  at  the  time  of  the  arrest  in  the  possession 
of  the  master  of  the  ship,  that  he  is  the  lawful  bailee  thereof  for 
the  owner. 

NEGLECT  OF  LIBELANT  TO  PROCEED  WITH  DISPATCH. 

27 

If  the  promoyent  in  a  libel  or  information  neglects  to  proceed 
in  the  cause  with  the  dispatch  which  the  course  of  the  court  admits 
the  respondent  or  claimant  may  have  the  libel  or  information 
dismissed  on  motion,  unless  the  delay  is  by  order  of  the  justice, 
or  by  the  act  of  the  respondent  or  claimant.  Four  days'  notice 
shall  be  given  of  the  application  to  dismiss  the  action. 


ADMIRALTY   RULES  97 

ANSWERS  IN  CIVIL  CASES. 

28 

In  suits  either  in  rem  or  in  personam  the  answer  of  the  de- 
fendant to  the  allegations  in  the  libel  shall  be  on  oath  or  solemn 
affirmation,  and  shall  be  full  and  explicit  and  distinct  to  each 
separate  article  and  separate  allegation  in  the  libel,  in  the  same 
order  as  numbered  in  the  libel,  and  shall  also  answer  in  like  manner 
each  interrogatory  propounded  at  the  close  of  the  libel;  but  this 
rule  shall  not  apply  to  cases  where  the  sum  or  value  in  dispute 
does  not  exceed  fifty  dollars,  exclusive  of  costs,  unless  the  court 
shall  be  of  opinion  that  the  proceedings  prescribed  therein  are 
necessary  for  the  purposes  of  justice  in  the  case. 

EXCEPTIONS. 

29 

The  libelant  may  except  to  the  sufficiency  or  fullness  or  dis- 
tinctness or  relevancy  of  the  answer  to  the  articles  and  inter- 
rogatories in  the  libel;  and  if  the  court  shall  adjudge  the  excep- 
tions, or  any  of  them,  to  be  good  and  valid,  it  shall  order  the  de- 
fendant forthwith,  or  within  such  time  as  it  may  direct,  to  answer 
the  same,  and  may  further  order  the  defendant  to  pay  such  costs 
as  it  shall  adjudge  reasonable. 

DEFAULT. 

30 

If  the  defendant  shall  omit  or  refuse  to  make  due  answer  to 
the  libel  upon  the  return  day  of  the  process,  or  other  day  assigned 
by  the  court,  the  court  shall  pronounce  him  to  be  in  contumacy 
and  default,  and  thereupon  adjudge  the  libel  to  be  taken  pro 
confesso  against  him,  and  shall  proceed  to  hear  the  cause  ex  parte 
and  adjudge  therein  as  to  law  and  justice  shall  pertain;  but  the 
court  may,  in  its  discretion,  set  aside  the  default,  and,  upon  the 
application  of  the  defendant,  admit  him  to  make  answer  to  the 
libel  at  any  time  before  the  final  hearing  and  decree  upon  his 
payment  of  all  the  costs  of  the  suit  up  to  the  time  of  granting 
leave  therefor. 


98  ADMIRALTY   RULES 

REHEARING  AFTER  DEFAULT. 
31 

The  court  may,  in  its  discretion,  upon  motion  of  .defendant 
and  payment  of  costs,  rescind  the  decree  in  any  suit  in  which, 
on  account  of  his  contumacy  and  default,  the  matter  of  the  libel 
shall  have  been  decreed  against  him,  and  grant  a  rehearing  thereof 
at  any  time  within  ten  days,  after  the  decree  has  been  entered, 
the  defendant  submitting  to  such  further  orders  and  terms  in 
the  premises  as  the  court  may  direct. 

ATTACHMENT  TO  COMPEL  ANSWER. 

32 

When  the  defendant  answers,  but  does  not  answer  fully  and 
explicitly  and  distinctly  to  all  the  matters  in  any  article  of  the 
libel,  and  exception  thereto  is  taken  by  the  libelant,  and  the 
exception  is  allowed,  the  court  may,  by  attachment,  compel  him 
to  make  further  answer  thereto,  or  may  direct  the  matter  of  the 
exception  to  be  taken  pro  confesso  against  him  to  the  full  purport 
and  effect  of  the  article  to  which  it  purports  to  answer  and  as  if 
no  answer  had  been  put  in  thereto. 

OBJECTING  TO  MAKE  ANSWER. 

33 

The  defendant  may  object,  by  his  answer,  to  answer  any 
allegation  or  interrogatory  contained  in  the  libel  which  will 
expose  him  to  any  prosecution  or  punishment  for  a  crime,  or  for 
any  penalty  or  any  forfeiture  of  his  property  for  any  penal  offense. 

INTERROGATORIES  IN  ANSWER. 

34 

The  defendant  shall  have  a  right  to  require  the  personal  answer 
of  the  libelant,  upon  oath  or  solemn  affirmation,  to  any  inter- 
rogatories which  he  may,  at  the  close  of  his  answer,  propound  to 
the  libelant  touching  any  matter  charged  in  the  libel,  or  touching 
any  matter  of  defense  set  up  in  the  answer,  subject  to  the  like 
exception  as  to  matters  which  would  expose  the  libelant  to  any 
prosecution  or  punishment  or  forfeiture,  as  provided  in  the  fore- 


ADMIRALTY   RULES  99 

going  rule.  In  default  of  due  answer  by  the  libelant  to  such 
interrogatories  the  court  may  adjudge  him  to  be  in  default  and 
dismiss  the  libel,  or  may  compel  his  answer  in  the  premises  by 
attachment,  or  take  the  subject-matter  of  the  interrogatory  pro 
confesso  in  favor  of  the  defendant,  as,  in  its  discretion,  it  shall  deem 
most  fit  to  promote  public  justice. 

NEW  MATTER  IN  ANSWER. 
35 

When  the  defendant,  in  his  answer,  alleges  new  facts,  these 
shall  be  considered  as  denied  by  the  libelant  and  no  replication, 
general  or  special,  shall  be  allowed.  But  within  ten  days  after 
the  answer  is  filed  the  libelant  may  amend  his  libel  so  as  to  confess 
and  avoid  or  explain  or  add  to  the  new  matter  set  forth  in  the 
answer,  and  within  ten  days  after  such  amendment  of  the  libel 
is  filed  the  defendant  shall  answer  such  amendments.  But  the 
court  may,  by  special  order  and  upon  due  cause  shown,  allow 
further  time  for  filing  such  amendments  of  the  libel  and  for  filing 
such  answer  thereto. 

ANSWER  DISPENSED  WITH. 
36 

Where  either  the  defendant  or  the  libelant  is  out  of  the  coun- 
try, or  is  unable,  from  sickness,  or  other  casualty,  to  make  an 
answer  to  any  interrogatory,  on  oath  or  affirmation,  at  the  proper 
time,  the  court  may,  in  its  discretion,  in  furtherance  of  the  due 
administration  of  justice,  dispense  therewith,  or  may  award  a 
commission  to  take  the  answer  of  the  defendant  where  and  as 
soon  as  it  may  be  practicable. 

SECURITY  BY  RESPONDENTS  IN  CROSS-LIBEL. 

37 

Whenever  a  cross-libel  is  filed  upon  any  counter-claim  arising 
out  of  the  same  cause  of  action  for  which  the  original  libel  was 
filed,  the  respondents  in  the  cross-libel  shall  give  security,  in 
the  usual  amount  and  form,  to  respond  in  damages  as  claimed 
in  said  cross-libel,  unless  the  court,  on  cause  shown,  shall  other- 


100  ADMIRALTY   RULES 

wise  direct,  and  all  proceedings  upon  the  original  libel  shall  be 
stayed  until  such  security  shall  be  given. 

INTERVENTION. 
38 

If  any  third  person  shall  intervene  in  any  cause  of  admiralty 
and  maritime  jurisdiction  in  rem,  for  his  own  interest,  and  is 
entitled,  according  to  the  course  of  admiralty  proceedings,  to 
be  heard  for  his  own  interest  therein,  he  shall  propound  the  matter 
in  suitable  allegations,  to  which,  if  admitted  by  the  court,  the  other 
party  or  parties  in  the  suit  may  be  required,  by  order  of  the  court, 
to  make  due  answer;  and  such  further  proceedings  shall  be  had, 
and  decree  rendered  by  the  court  therein,  as  to  law  and  justice 
shall  appertain.  But  every  such  intervenor  shall  be  required, 
upon  filing  his  allegations,  to  give  a  stipulation,  with  sureties,  to 
abide  by  the  final  decree  rendered  in  the  cause,  and  to  pay  all 
such  costs  and  expenses  and  damages  as  shall  be  awarded  by  the 
court  upon  the  final  decree,  whether  it  is  rendered  in  the  original 
or  appellate  court. 

SURPLUSAGE,  ETC. 
39 

Exception  may  be  taken  to  any  libel,  allegation,  or  answer  for 
surplusage,  irrelevancy,  impertinence,  or  scandal;  and  if,  upon 
reference  to  a  master,  the  matter  excepted  to  be  reported  to  be  so 
objectionable,  and  the  exception  is  allowed  by  the  court,  such  mat- 
ter shall  be  expunged  at  the  cost  of  the  party  in  whose  libel  or 
answer  the  same  is  found. 

PROCEEDINGS   TO    SECURE    LIMITED    LIABILITY    OF 

SHIPOWNERS. 

40 

When  any  ship  or  vessel  shall  be  libeled,  or  the  owner  or  owners 
thereof  shall  be  sued  for  any  embezzlement,  loss,  or  destruction 
by  the  master,  officers,  mariners,  passengers,  or  any  other  person 
or  persons  of  any  property,  goods,  or  merchandise  shipped  or  put 
on  board  of  such  ship  or  vessel,  or  for  any  loss,  damage,  or  injury 


ADMIRALTY    RULES  101 

by  collision,  or  for  any  act,  matter,  or  thing,  loss,  damage,  or 
forfeiture  done,  occasioned,  or  incurred  without  the  privity  or 
knowledge  of  such  owner  or  owners,  and  he  or  they  shall  desire 
to  claim  the  benefit  of  limitation  of  liability  provided  for  in  sections 
4283,  4284,  and  4285  of  the  Revised  vStatutes  of  the  United  States, 
the  said  owner  or  owners  may  and  shall  file  a  libel  or  petition,  as 
hereinafter  specified,  setting  forth  the  facts  and  circumstances  on 
which  such  limitation  is  claimed,  and  praying  proper  relief  in  that 
behalf;  and  thereupon  the  court,  having  caused  due  appraisement 
to  be  had  of  the  amount  or  value  of  the  interest  of  said  owner  or  own- 
ers, respectively,  in  ship  or  vessel,  and  her  freight  for  the  voyage, 
shall  make  an  order  for  the  payment  of  the  same  into  court 
or  for  the  giving  of  a  stipulation,  with  sureties,  for  payment 
thereof  into  court  whenever  the  same  shall  be  ordered;  or,  if  the 
owner  or  owners  shall  so  elect,  the  court  shall,  without  such 
appraisement,  make  an  order  for  the  transfer  by  him  or  them  of 
his  or  their  interest  in  such  vessel  and  freight  to  a  trustee  to  be 
appointed  by  the  court  under  said  section  4285;  and  upon  com- 
pliance with  such  order  the  court  shall  issue  a  monition  against 
all  persons  claiming  damages  for  any  such  embezzlement,  loss, 
destruction,  damage,  or  injury,  citing  them  to  appear  before  the 
court  and  to  make  due  proof  of  their  respective  claims  at  or  before 
a  certain  time  to  be  named  in  said  writ,  not  less  than  three  months 
from  the  issuing  of  the  same ;  and  public  notice  of  such  monition 
shall  be  given  as  in  other  cases,  and  such  further  notice  served, 
through  the  post-office  or  otherwise,  as  the  court,  in  its  discretion, 
may  direct ;  and  the  court  shall  also,  on  the  application  of  the  said 
owner  or  owners,  make  an  order  to  restrain  the  further  prosecution 
of  all  and  any  suit  or  suits  against  said  owner  or  owners  in  respect 
to  any  such  claim  or  claims. 

PROOF  OF  CLAIMS. 

41 

Proof  of  all  claims  which  shall  be  presented  in  pursuance  of 
said  motion  shall  be  made  before  a  commissioner  to  be  designated 
by  the  court,  subject  to  the  right  of  any  person  interested  to 
question   or  controvert  the  same;   and   upon    the  completion   of 


102  ADMIRALTY   RULES 

said  proofs  the  commissioner  shall  make  report  of  the  claims  so 
proven,  and  upon  confirmation  of  said  report,  after  hearing  any 
exceptions  thereto,  the  moneys  paid  or  secured  to  be  paid  into 
the  court  as  aforesaid,  or  the  proceeds  of  said  ship  or  vessel  and 
freight  (after  payment  of  costs  and  expenses),  shall  be  divided 
pro  rata  among  the  several  claimants  in  proportion  to  the  amount 
of  their  respective  claims,  duly  approved  and  confirmed  as  af  re- 
said,  saving,  however,  to  all  parties  any  priority  to  which  they  may 
be  legally  entitled. 

CONTEST  OF  LIABILITY  BY  OWNERS. 

42 

In  the  proceedings  aforesaid  the  said  owner  or  owners  shall 
be  at  liberty  to  contest  his  or  their  liability,  or  the  liability  of 
said  ship  or  vessel,  for  said  embezzlement,  loss,  destruction,  damage, 
or  injury  (independently  of  the  limitation  of  liability  claimed 
under  said  act),  provided  that  in  his  or  their  libel  or  petition  he 
or  they  shall  state  the  facts  and  circumstances  by  reason  of  which 
exemption  from  liability  is  claimed;  and  any  person  or  persons 
claiming  damages  as  aforesaid,  and  who  shall  have  presented  his 
or  their  claim  to  the  commissioner  under  oath,  shall  and  may  an- 
swer such  libel  or  petition,  and  contest  the  right  of  the  owner  or 
owners  of  said  ship  or  vessel  either  to  an  exemption  from  liability 
or  to  a  limitation  of  liability  under  the  said  act  of  Congress,  or  both. 

MONEYS  PAID  IN. 

43 

All  moneys  paid  into  the  registry  of  court  shall  be  deposited 
in  the  name  of  the  court  in  the  United  States  Treasury,  and  shall 
not  be  drawn  out  except  by  check,  signed  by  a  justice  of  the  court 
and  countersigned  by  the  clerk,  stating  on  whose  account  and  for 
whose  use  it  is  drawn  and  in  what  suit  and  out  of  what  fund  in 
particular  it  is  paid.  The  clerk  shall  keep  a  regular  book  con- 
taining a  memorandum  and  copy  of  all  the  checks  so  drawn,  and 
the  date  thereof. 


ADMIRALTY    RULES  103 

CLAIM  OF  PROCEEDS  IN  REGISTRY. 

44 

Any  person  having  an  interest  in  any  proceeds  in  the  registry 
shall  have  a  right,  by  petition  and  summary  proceeding,  to  in- 
tervene pro  interesse  suo  for  a  delivery  thereof  to  him;  and  upon 
due  notice  to  the  adverse  party,  if  any,  the  court  may  and  shall 
proceed  summarily  to  hear  and  decide  thereon  and  to  decree 
therein,  according  to  law  and  justice.  And  if  such  petition  or 
claim  shall  be  deserted,  or  upon  a  hearing  be  dismissed,  the  court 
may,  in  its  discretion,  award  costs  against  the  petitioner  in  favor 
of  the  adverse  party. 

APPRAISERS. 
45 

Only  one  appraiser  is  to  be  appointed  in  suits  by  individuals, 
unless  otherwise  specially  ordered  by  the  justice;  and  if  the  re- 
spective parties  do  not  agree  in  writing  upon  the  appraiser  to 
be  appointed,  the  clerk  shall  forthwith  name  one,  either  party 
having  a  right  of  instant  appeal  to  the  justice  from  such  nomi- 
nation for  adequate  cause. 

REFERENCES  TO  COMMISSIONERS. 

46 

The  court  mav,  in  cases  where  it  shall  deem  such  course  ex- 
pedient or  necessary  for  the  purpose  of  justice,  refer  any  matters 
arising  in  the  progress  of  the  suit  to  one  or  more  commissioners, 
to  be  appointed  by  it,  to  hear  the  parties  and  make  report  therein 
and  such  commissioner  or  commissioners  shall  have  and  possess 
all  the  powers  in  the  premises  which  are  usually  given  or  exercised 
by  masters  in  chancery  in  reference  to  them,  including  the  power 
to  administer  oaths  and  examine  the  parties  and  witnesses  touch 
ing  the  premises. 

TO  AUDITOR. 

47 

In  cases  of  demands  arising,  not  ex  delicto,  on  a  decree  in  favor 
of  the  libelant  by  default  or  on  hearing,  it  shall  be  referred  to  an 


104  ADMIRALTY   RULES 

auditor  to  ascertain  the  amount  due  the  libelant;  but  reference  may 
also  be  made  in  cases  of  tort  or  on  allegations  of  incidental  or 
consequential  damages  if  desired  by  either  party. 

TO  ASSESSORvS. 
48 
Upon  any  sufficient  cause  shown,  such  reference  may  be  made 
to  assessors  or  otherwise,   according  to  the  course  and  custom 
of  courts  of  civil  and  admiralty  jurisdiction. 

CONFIRMATION. 
49 

Upon  the  coming  in  of  the  report  of  the  auditor  or  assessors, 
a  decree  of  confirmation  may  be  entered,  on  motion,  without 
notice,  unless  otherwise  ordered  by  the  court,  or  unless  the  report 
be  excepted  to,  and  in  the  latter  case  the  exception  shall  be  over- 
ruled or  held  abandoned  unless  brought  to  a  hearing. 

FAILURE  TO  TAKE  PROCEEDINGS  ON  REPORT. 

50 
If  the  libelant  take  no  proceedings  on  the  report  within  five 
days,  after  the  filing  thereof  in  open  court,  the  respondent  may 
move  the  court  to  dismiss  the  libel  for  want  of  due  prosecution. 

BONDS  AND  STIPULATIONS,  WHAT  TO  CONTAIN. 

51 
All  stipulations  in  admiralty  causes  shall  be  executed  by  the 
principal  party,  if  within  the  District  of  Columbia,  and  at  least 
one  surety  resident  therein,  and  shall  contain  the  consent  of  the 
obligors  or  stipulators  that  in  case  of  default  or  contumacy  on 
the  part  of  the  principal  or  sureties  execution  to  the  amount 
named  in  such  stipulation  may  issue  against  the  goods,  chattels, 
and  lands  of  the  stipulators. 

HOW  TAKEN. 
52 

Bonds  or  stipulations  in  admiralty  suits  may  be  given  and 
taken  in  open  court,  or  at  chambers,  by  the  justice  holding  the 
district  court,  or,  in  his  absence,  by  any  other  justice  of  the  court- 


ADMIRALTY   RULES  105 

REDUCING  PENALTY— NEW  SURETY. 

53 

The  court  may,  upon  motion  and  for  due  cause  shown,  reduce 
the  sum  contained  in  the  bond  or  stipulation  taken  as  bail  in 
any  suit  in  personam;  and  if  either  of  the  sureties  in  a  bond  or 
stipulation,  taken  as  bail  or  upon  dissolving  an  attachment, 
shall  become  insolvent  pending  the  suit,  the  court  may,  upon 
motion  and  due  proof  thereof,  require  new  sureties  to  be  given. 

INCREASE  OF  SURETY. 
5' 

In  all  cases  of  stipulations  in  admiralty  causes,  any  party 
having  an  interest  in  the  subject-matter  may  move  the  court, 
on  special  cause  shown,  for  greater  or  better  security,  giving  the 
opposite  party  two  days'  notice  thereof,  unless  shorter  time  is 
allowed  by  the  justice. 

SECURITY  FOR  COSTS  IN  SUITS  IN  PERSONAM. 

55 
In  all  cases  of  libel  in  personam  the  court  may,  in  its  discretion, 
upon  the  appearance  of  the  defendant,  where  no  bail  has  been 
taken  and  no  attachment  of  property  has  been  made  to  answer 
the  exigency  of  the  suit,  require  him  to  give  a  stipulation,  with 
sureties,  in  such  sum  as  the  court  shall  direct,  to  pay  all  costs 
and  expenses  which  shall  be  awarded  against  him  in  the  suit, 
upon  the  final  adjudication  thereof,  or  by  any  interlocutory 
order  in  the  progress  of  the  suit. 

SECURITY  FOR,  IN  SUITS  IN  REM. 

56 

No  process  in  rem  shall  be  issued,  nor  shall  any  appearance 
or  answer  be  received,  or  third  party  be  permitted  to  intervene 
and  claim,  except  on  the  part  of  the  United  States,  unless  a  stipula- 
tion in  the  sum  of  one  hundred  dollars  shall  be  first  entered  into 
by  the  party,  and  at  least  one  surety  resident  in  the  District  of 
Columbia,  conditioned  that  the  principal  shall  pay  all  costs 
assessed  against  him  by  the  court. 


106  ADMIRALTY   RULES 

EXCEPTION  OF  SEAMEN  AND  SALVORS. 

57 

Seamen  suing  in  rem  for  wages,  in  their  own  right  and  for  their 
own  benefit,  for  services  on  board.  American  vessels,  and  salvors 
coming  into  possession  of  the  property  libeled  shall  not  be  re- 
quired to  give  such  security  in  the  first  instance.  But  after  the 
arrest  of  the  property  the  court  may,  on  motion  and  notice  to 
the  libelants,  and  for  adequate  cause,  order  the  usual  stipulation 
to  be  given  in  these  cases,  or  that  the  property  arrested  be  dis- 
charged. 

DEPOSIT  INSTEAD  OF  STIPULATION. 

58 

Instead  of  a  bond  or  stipulation  providing  for  payment  of 
costs  the  court  may  direct  the  deposit  therein  of  such  sum  of 
money,  as  it  may  consider  a  sufficient  security  in  the  premises. 

COSTS  TO  BE  PAID  BEFORE  DELIVERY. 

59 

No  vessel,  goods,  wares,  or  merchandise  in  the  custody  of  the 
marshal  shall  be  released  from  detention,  upon  appraisement 
and  surety,  until  the  costs  and  charges  of  the  officers  of  the  court, 
so  far  as  the  same  shall  have  accrued,  shall  first  have  been  paid 
into  court  by  the  party  at  whose  instance  the  appraisement  shall 
take  place,  to  abide  the  decision  of  the  court  in  respect  to  such 
costs. 

EXECUTION. 

60 

On  final  decree  for  the  payment  of  money  the  libelant  shall 
have  a  writ  of  execution,  in  the  nature  of  a  fieri  facias,  com- 
manding the  marshal  or  his  deputy,  or  where  the  marshal  is  a 
party  in  interest  or  it  is  unfit  on  other  grounds  that  he  should 
act,  the  coroner  of  said  District,  to  levy  upon  and  collect  the 
amount  thereof  out  of  the  goods,  chattels,  lands  and  tenements, 
or  other  real  estate  of  the  defendant  or  stipulators. 


ADMIRALTY   RULES  107 

SALES. 

61 

All  sales  of  property  under  any  decree  in  admiralty  shall  be 
made  by  the  marshal  or  his  deputy,  or,  where  the  marshal  is  a 
party  in  interest,  by  other  proper  officer  assigned  by  the  court, 
in  pursuance  of  the  orders  of  the  court,  and  the  proceeds  thereof 
shall  be  forthwith  paid  into  the  registry  of  the  court  by  the  officer 
making  the  sale,  to  be  disposed  of  by  the  court  according  to  law. 

NOTICE  OF  SALE. 
62 

Notice  of  sale  of  property  after  condemnation  in  suits  in  rem 
(except  under  the  revenue  laws  and  on  seizure  by  the  United 
States),  shall  be  six  days,  unless  otherwise  specially  directed  by 
the  decree  of  condemnation  and  sale. 


INDEX  TO  ADMIRALTY  RULES. 


A. 
Answers — 

in  civil  eases  _ 

exceptions  to 

default  in.   

default  in,  rehearing  after 

attachment  to  compel 

objecting  to  make,  to  interrogatcrics,  etc.,  in  libel 

interrcgat':ries  in 

new  matter  in 

dispensed  with 

Appraisers — 

only  one  to  he  appointed 

B. 

Bonds  and  stipulations — 

what  to  contain... 

how  taken. 

reducing  penalty,  new  surety ._ 

increase  of  security 

C. 
Costs — 

security  fcr,  in  personam 

in  rem 

exceptions    in    favor    of    seamen    and 

salvors 

deposit  of  money  for 

to  be  paid  bef<  re  delivery 

Cross-libel — 

security  by  respondents  in     

E. 

1  XECUTION — 

for  final  decree       - 

I. 

Intervention — 

stipulation  by  intervenor 

L. 
Libels — 

in  seizures 

in  civil  cases  

amendments  to  information,  etc. 

claim  to  be  verified    

neglect  of  libelant  to  proceed  with  dispatch  

(i) 


Rule. 


28 

97 

29 

97 

30 

98 

31 

98 

32 

98 

33 

99 

34 

99 

35 

99 

36 

100 

45 


37 


60 


38 


Page. 


103 


51 

105 

52 

LOS 

53 

105 

54 

105 

55 

106 

56 

106 

57 

106 

58 

106 

59 

107 

100 


107 


100 


23 

95 

24 

95 

25 

96 

26 

96 

27 

97 

11 


INDIiX   TO    ADMIRALTY    RULES 


Limited  liability  of  shipowners — 

proceedings  to  secure 

proof  of  claim. 

contest  of  liability 

M. 
Moneys  in  registry  of  court — 

to  be  deposited 

claim  of  proceeds - 

P. 
Process— 

issuing : - 

service. 

return , 

form  of,  in  personam.^ : 

arrest  of  property,  for  what  sum... 

to  garnishee 

dissolution  of  attachment 

in  rem,  cases  of  seizure 

as    to    tackle,    etc.,    in    possession    of    third 
person 

property  attached 

delivery  of  ship  or  goods 

delivery  on  payment  into  court 

as  to  perishable  goods 

in  suits  for  wages.. 

for  pilotage.... 

for  supplies,  etc... 

upon  hypothecation.- 

on  bottomry  bonds 

for  salvage 

for  damages  by  collision 

for  assault 

in  petitory  and  possessory  suits 

R 
References — 

to  commissioners 

to  auditor 

to  assessors 

confirmation  of  report-.. 

failure  to  take  proceedings  on  report 

S. 
Sales — 

of  property  under  decree    

noticj  of... 

Surplusage,  etc. — 

exception  may  be  taken  for 


40 
41 
42 


39 


Page. 


101 
102 
102 


43 

103 

44 

103 

1 

89 

2 

89 

3 

89 

4 

89 

5 

90 

6 

90 

7 

90 

8 

91 

9 

91 

10 

91 

11 

92 

12 

92 

13 

93 

14 

93 

15 

93 

16 

93 

17 

94 

18 

94 

19 

94 

20 

94 

21 

94 

22 

95 

46 

104 

47 

104 

48 

101 

49 

104 

50 

105 

61 

!()7 

62 

107 

101 


PROBATE   RULES  109 


PROBATE  RULES. 


SESSIONS  OF  COURT. 

1 

1.  There  shall  be  no  terms  of  the  probate  court,  but  there  shall 
be  a  session  every  day  except  Saturdays  and  legal  holidays,  unless 
otherwise  ordered  by  the  justice. 

2.  Trial  Sessions. — On  such  days  as  may  be  designated  by 
the  justice,  there  shall  be  sessions  for  the  trial  of  issues  by  the 
court  with  a  jury,  or  when  the  right  of  trial  by  jury  is  waived, 
by  the  court  only. 

CRIER  AND  MARSHAL. 
2 

The  justice  may  designate  a  crier  to  serve  during  sessions  of 
the  court,  and  the  marshal  shall  designate  such  of  his  deputies 
as  may  be  needed  to  attend. 

LAW  AND  EQUITY  RULES. 
3 
The  law  and  equity  rules  shall  govern  the  practice  in  the  probate 
court  so  far  as  applicable. 

ATTORNEYS. 
4 
Counsel  appearing  for  parties  shall  be  designated  as  attorneys, 
and  only  members  of  the  bar  shall  be  permitted  to  practice. 

COLLECTORS.  ' 
5 

Neither  the  caveator  nor  his  attorney  shall  be  appointed  either 
as  sole  or  joint  collector  of  an  estate  pending  the  trial  of  a  caveat, 
except  by  the  express  consent  of  the  party  in  opposition  to  the 


110  PROBATE   RULES 

caveat,  unless  it  shall  appear  to  the  court  that  such  appointment 
is  necessary  to  the  care,  protection  and  security  of  the  estate. 

PLEADINGS. 
6 

1.  Verification. — Petitions  and  other  papers  asking  for  relief, 
and  answers  to  the  same,  shall  be  verified  by  oath  or  affirmation, 
except  when  verification  of  the  answer  is  waived  by  the  opposite 
party. 

2.  Issue. — It  shall  not  be  necessary  in  any  case  to  file  a  repli- 
cation, but  the  proceeding  shall  stand  at  issue  as  though  a  ge neral 
replication  had  been  filed. 

3.  Scandalous. — If  any  petition,  answer,  or  other  paper  shall 
contain  irrelevant,  insufficient,  or  scandalous  matter,  the  paper, 
or  the  objectionable  part,  may  be  struck  out  on  motion. 

PETITION  FOR  PROBATE  AND  ADMINISTRATION. 

7 

1.  Contents. — A  petition  for  probate  of  a  will  and  for  letters 
testamentary  or  of  administration  c.  t.  a.,  or  for  administration 
of  an  estate,  shall  be  in  writing,  verified  by  oath  or  affirmation, 
setting  forth  the  residence  and  citizenship  of  the  petitioner,  by 
what  right  he  makes  application,  the  death  and  date  thereof 
of  the  person  on  whose  estate  the  letters  are  desired,  his  last 
domicile,  the  estimated  value  of  the  real  and  personal  estate, 
the  character  thereof  and  where  situated,  the  debts  due  by  the 
decedent  as  far  as  can  be  ascertained,  whether  the  decedent 
died  testate  or  intestate,  whether  the  testator  in  his  last  will 
and  testament  requests  that  the  executor  be  not  required  to  give 
bond,  the  names  and  addresses  (when  known)  of  the  heirs  at 
law  and  next  of  kin,  their  relationship  to  the  deceased,  and  whether 
they  are  residents  or  nonresidents,  adults  or  infants,  and,  if  infants, 
the  dates  of  their  birth,  as  nearly  as  may  be.  If  it  be  desired  to 
give  a  special  bond  to  pay  debts,  or  debts  and  legacies  (and  thereby 
be  exempted  from  inventory  and  account),  the  petition  shall  state 
the  facts  on  which  this  privilege  is  claimed. 


PROBATE    RULES  111 

2.  Guardian  Ad  Litem. — If  any  of  the  next  of  kin  or  heirs  at 
law  be  an  infant  or  person  of  unsound  mind,  the  petition  shall 
contain  a  prayer  for  the  appointment  of  a  guardian  ad  litem  for 
such  infant  or  person  of  unsound  mind,  and  such  appointment 
shall  be  made  by  the  court. 

CITATION  FOR  PROBATE  AND  ADMINISTRATION. 

8 

1.  Issuance. — Upon  the  filing  of  a  petition  for  the  probate 
of  a  will  the  register  of  wills  shall  issue  a  citation  to  the  heirs 
at  law  or  next  of  kin  of  the  deceased,  or  both,  in  the  following 
or  equivalent  fo/m: 

SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA, 
Holding  Probate  Court. 

Estate  of  -\  No. . 

,  deceased.    [      Administration. 

The  President  of  the    United  States  to  ,  greeting: 

If  you  have  any  cause  to  show  why  the  paper  writing  dated  the 

day  of  ,   19 — ,  and  the  day  of ,    19 — 

purporting  to  be  the  last  will  and  testament  and  codicil of 

late  of  the  District  of  Columbia,  deceased,  should  not  be  admitted  to  probate 

and  record,  and  why  letters should  not  be  granted  to 

the ,  you  will  appear  and  make  such  cause  known  before  the 

Supreme  Court  of  the  District  of  Columbia,  holding  Probate  Court,  in  and  for 
said  District,  on  ,  the  day  of  —  — ,  A.  D.   19 — ,  at 

—  o'clock  —  M. 

Witness,  the  Honorable ,  Chief  Justice  of  said  court,  this 

day  of ,  A.  D.  19—. 

Attest:  . 


Register  of  Wills  for  the  District  of  Columbia. 
-,  Attorney. 


2.  Return. — Such  citation  shall  be  made  returnable  on  a  day 
therein  named,  not  less  than  ten  days  from  the  day  of  issue,  and 
shall  be  served  at  least  five  days  before  the  return  day. 

9 

1.  Order  of  Publication.— If  the  return  of  the  marshal  shows 
that  any  of  the  heirs  at  law  or  next  of  kin  are  "not  to  be  found" 


112  PROBATE  RULES 

the  order  of  publication  shall  be  in  the  following  or  equivalent 
form : 

SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA, 
Holding  Probate  Court. 

Estate  of  ")  No.  . 


,  deceased,    f      Administration  docket . 

Application  having  been  made  herein  for  probate  of  the  last  will  and  testa- 
ment and of  said  deceased,  and  for  letters on  said  estate,  by 

,  it  is  ordered  this day  of  ' ,  A.   D.    19 — , 

that and  all  others  concerned,  appear  in  said  court  on > 

the day  of ,  A.  D.  19 — ,  at  — -  o'clock  —  M.,  to  show  cause 

why  such  application  should  not  be  granted.     Let  notice  hereof  be  published 

in  the  "Washington  Law  Reporter"  and once  in  each  of  three  successive 

weeks  before  the  return  day  herein  mentioned,  the  first  publication  to  be  not 
ess  than  thirty  days  before  said  return  day. 

,  Justice. 

Attest: , 

Register  of  Wills  for  the  District  of  Columbia. 
,  Attorney. 


2.  Service  of  Publication. — No  order  or  decree  based  upon 
notice  by  such  publication  shall  be  passed  unless  the  petitioner, 
his  agent  or  attorney,  shall  file  in  the  cause  an  affidavit  showing 
that  at  least  twenty  days  before  the  application  for  such  order 
or  decree  is  made,  he  mailed,  postpaid,  a  copy  of  said  publication, 
directed  to  the  party  therein  ordered  to  appear,  at  his  last  known 
post-office  address,  or  that  he  has  been  unable  to  ascertain  the 
last  post-office  address  of  said  party,  after  diligent  effort  to  ascer- 
tain the  same. 

ADMINISTRATION . 

10 

.Upon  the  filing  of  a  petition  for  letters  of  administration, 
the  court  may  in  its  discretion  issue  a  citation  to  any  of  the  next 
of  kin,  if  within  the  District  of  Columbia,  to  appear  on  a  day 
named  and  show  cause,  if  any,  why  such  letters  should  not  be 
granted;  and  if  it  appears  by  said  petition  that  the  next  of  kin 
are  nonresidents,  the  court  may  in  its  discretion  direct  that 
notice  to  them  shall  be  given  by  public  advertisement  or  otherwise. 


PROBATE    RULES  113 

TRIAL  OF  ISSUES. 

11 

1.  Notification. — When  an  issue  as  to  the  validity  of  a  will 

shall  have  been  framed,  the  notification  of  the  time  and  place 

of  trial,  required  by  law  to  be  given  to  the  parties  in  interest, 

shall  be  in  the  following  or  equivalent  form: 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA, 

Holding  Probate  Court. 


Estate  of  I  No.  . 

,  deceased,    f      Administration  docket 

To 


Yon  are  hereby  notified  that  the  issues  heretofore  framed  in  this  case  relat- 
ing to  the  validity  of  the  paper  writing,  dated  the day  of , 

19 — ,  and  the day  of ,  19 — ,  purporting  to  be  the  last  will 

and  testament  and  codicil  of ,  deceased,  will  be  tried 

in  this  court  on  the  day  of ,  19 — ,  at  —  o'clock  —  M.     A 

copy  of  said  issues  is  hereto  appended. 

,  Justice. 

Attest: , 

Register  of  Wills  for  the  District  of  Columbia. 
,  Attorney. 


Copy  ok  Issues. 
2.  Return  of  Notification. — Such  notification  shall  be  made 
returnable  on  the  day  fixed  by  the  court  for  the  trial,  and  shall 
be  served  at  least  ten  days  before  the  said  day  of  trial. 

12 

1.  Publication. — If  as  to  any  of  such  parties  in  interest  such 
notification  shall  be  returned  "not  to  be  found,"  the  order  of 
publication  required  by  law  to  be  given  in  that  event  shall  be  in 
the  following  or  equivalent  form : 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA, 

Holding  Probate  Court. 

Estate  of  I  No.  . 


deceased,    f      Administration  docket 


The  notification  as  to  the  trial  of  the  issues  in  this  cast   relating  to  tin    va- 
lidity of  the  paper  writing ,  dated  the day  of 19 — 


114  PROBATE    RULES 

and  the day  of ,  19 — ,  purporting  to  be  the  last  will  and  tes- 
tament and  codicil of ,  deceased,  having  been  returned 

as  to  "not  to  be  found,"  it  is  this  day  of  ,   19 — , 

ordered  that  the  issues  be  set  down  for  trial  on  the day  of 

19 — ,  and  that  this  order  and  the  substance  of  said  issues,  to  wit, , 

shall  be  published  once  a  week  for  four  weeks  in  the  "Washington  Law  Re- 
porter" and  twice  a  week  for  the  same  period  in . 

— ■ ,  Justice. 

Attest: , 

Register  of  Wills  for  the  District  of  Columbia. 
,  Attorney. 


2.   Nonresident. — To  a  party  outside  of  the  jurisdiction  of 
the  court  who  shall  not  have  been  personally  served  with  the 
original  citation  or  with  notification  of  the  trial  of  issues,  unless 
he  shall  voluntarily  cause  his  appearance  to  be  entered,  notice 
of  the  trial  of  issues  shall  be  given,   whenever  practicable,  by 
mailing  a  copy  of  the  order  of  publication  prescribed  in  this  rule, 
to  him  at  his  last  known  post-office  address,  at  least  ten  days 
before  the  day  fixed  for  the  trial,  in  which  case  the  proof  of  such 
mailing  shall  be  the  affidavit  of  the  party  giving  the  notice,  or 
his  agent  or  attorney ;  or  by  causing  a  copy  of  said  order  of  pub- 
lication and  substance  of  issues  as  published  to  be  served  on  him 
by  some  disinterested  adult  person,   in  which  case  the  service 
shall    be    proved    by   the    affidavit    of   the    person    making  the 
same,   stating  that  he  knows  the  party  served  and  personally 
served  him  with  a  copy  of  said  publication  and  identifying  the 
same  by  a  further  copy  thereof  attached  to  and  made  a  part  of 
the  affidavit;  or  by  the  written  .admission  of  the  party  served, 
accompanied,    when   required,    by   evidence   satisfactory   to   the 
court,  as  to  the  genuineness  of  the  signature  to  such  admission. 

SALE  OF  REAL  ESTATE. 
13 

1.  Petition. — A  petition  for  the  sale  of  real  estate  of  a  de- 
cedent for  the  payment  of  debts  or  legacies  must  designate  specifi- 
cally the  real  estate  owned  by  the  decedent  and  what  part  or 
parcel  thereof  it  is  desired  to  sell,  and  shall  set  forth  the  estimated 
•  value  of  the  personal  property,  the  amount  of  the  debts  due  from 
the  decedent,  the  fact  that  the  personal  property  is  insufficient 


PROBATE   RULES  115 

to  discharge  such  debts,  and  in  the  case  of  a  will,  the  legacies 
embraced  therein,  and  the  names  and  addresses  (when  known) 
of  all  the  heirs  at  law  and  legatees. 

2.  Parties. — No  case  shall  be  referred  to  the  auditor  for  the 
purpose  of  ascertaining  and  reporting  a  deficiency  of  assets  until 
all  the  respondents  to  any  such  petition  are  before  the  court, 
either  by  answer  or  consent  in  writing,  or  by  a  proper  summons 
or   publication. 

3.  Auditor. — The  petition  for  a  sale  of  real  estate  to  pay  debts 
or  legacies  and  the  other  papers  and  proceedings  in  the  case, 
shall,  after  compliance  with  the  provisions  of  this  rule,  be  referred 
to  the  auditor  for  report  as  provided  by  section  146  of  the  Code. 

GUARDIAN. 
14 

1.  Petition. — Every  petition  for  appointment  of  guardian 
must  be  made  by  some  relative  or  the  infant  by  next  friend,  and 
must  set  forth  the  name,  residence,  and  date  of  birth  of  each 
infant,  and,  if  an  orphan,  the  names  of  the  deceased  parents, 
with  the  date  of  death;  the  estimated  value  of  the  propertv  to 
which  the  infant  is  entitled,  the  character  thereof  and  where 
situated,  and,  if  real  estate,  the  annual  rental  value  thereof;  the 
relationship,  if  any,  of  the  petitioner  and  the  right  in  which  the 
application  is  made.  If  it  be  necessary  to  use  any  portion  of  the 
infant's  estate  for  his  maintenance  and  education,  the  petitioner 
shall  give  an  estimate  of  the  amount  necessary  for  that  purpose, 
and,  if  a  parent,  shall  declare  and  prove  his  inability  to  support  him. 

2.  Election. — If  the  infant  be  over  14  years  of  age  he  must, 
if  practicable,  appear  in  court  to  elect  his  guardian,  and  all  infants 
must  be  present  in  court  unless  their  presence  be  excused  by  the 
court,  because  of  their  illness  or  tender  years  or  other  sufficient 
cause. 

3.  Order  Appointing. — The  order  of  the  court  shall  set  forth 
the  date  of  birth  of  each  infant,  and  if  any  of  them  be  over  14,  shall 
state  that  such  infant  appeared  in  court,  and  elected  the  guardian, 
or  that  such  appearance  was  excused,  and  shall  also  state  the 
allowance,  if  any,  made  by  the  court  from  the  infant's  estate  for 
his  maintenance  and  education. 


116  PROBATE    RULES 

4.  Accounts. — Guardians  are  not  allowed  to  dispose  of  the 
ward's  property  or  encumber  it  in  any  way  without  order  of  court. 
Vouchers  must  be  obtained  for  all  expenditures  when  practicable, 
and  a  regular  book  of  accounts  should  be  kept,  showing  receipts 
and  expenditures  for  each  ward. 

5.  Investments. — It  is  the  duty  of  the  guardian  under  the 
supervision  of  the  court  to  keep  his  ward's  estate  safely  invested 
so  as  to  produce  an  income. 

6.  For  Indigent  Boys. — Petitions  for  appointment  of  guar- 
dian to  enable  indigent  boys  to  enlist  in  the  United  States  Army 
or  Navy  will  be  prepared  by  the  register  of  wills  without  anv 
charge.     (See  Law  Rule  75.) 

DELINQUENT  FIDUCIARIES. 
15 

1.  Whenever  any  executor,  administrator,  collector  or  guardian 
fails  to  present  to  the  court  an  inventory  or  inventories,  or  ac- 
count of  his  administration  or  trust,  or  fails  to  comply  with  rule  16 
within  the  time  or  in  the  manner  and  form  prescribed  by  law  or 
allowed  by  the  court,  a  citation  shall  issue  directing  such  delin- 
quent to  render  his  inventory  or  inventories  or  account,  or  to 
comply  with  rule  16  within  twenty  days  from  the  date  of  the 
service  thereof. 

2.  If  the  fiduciary  shall  fail  to  render  the  inventory  or  inventories 
or  account,  or  to  comply  with  rule  16  within  the  time  specified 
in  the  citation,  a  rule  shall  issue  requiring  him  to  show  cause,  on  a 
day  certain,  why  he  should  not  be  adjudged  in  contempt. 

3.  Upon  the  failure  of  the  delinquent  to  answer  such  rule,  a 
writ  of  attachment  shall  forthwith  issue  directing  the  Marshal 
to  bring  such  delinquent  before  the  court,  to  be  dealt  with  ac- 
cording to  law. 


PROBATE    RULES  11" 

ACCOUNTS    OF   ADMINISTRATORS  AND   EXECUTORS. 

16 

1.  Exceptions  to. — When  an  account  is  settled  in  the  absence 
of  a  person  adversely  interested,  without  actual  notice  or  notice 
by  mail  as  hereinafter  provided,  to  him,  such  account  may  be 
reopened  upon  his  filing  exceptions  thereto  within  three  months 
after  it  is  so  settled. 

2.  Approval  of,  After  Notice. — No  account  shall  be  approved 
unless  the  accountant,  his  agent  or  attorney,  shall  duly  mail, 
postpaid  by  registered  mail,  to  each  legatee,  or  distributee  whose 
legacy  or  share  may  in  anywise  be  diminished  by  the  attorney's 
fees  and  commissions  to  be  claimed,  and,  unless  the  court  shall 
otherwise  order,  to  each  creditor  whose  claim  may  be  so  dimin- 
ished, at  his  last  known  address,  five  days  if  he  be  a  resident  of 
the  District  of  Columbia  and  twenty  days  if  he  be  a  non-resident, 
a  notice  in  writing  stating  the  day  upon  which  it  will  be  so  pre- 
sented and  the  amounts  claimed  for  commissions  and  attorneys' 
fees;  or  shall  serve  such  notice  upon  the  persons  so  to  be  notified 
and  prove  the  service  by  affidavit  filed  in  the  cause  or  the  written 
acknowledgment  of  the  persons  served;  or  shall  file  in  the  cause 
the  waiver  of  such  notice  by  the  persons  to  be  notified  or  their 
consent  to  the  allowance  of  the  commissions  and  attorneys'  fees 
claimed.  Provided,  that  when  any  legatee,  distributee  or  creditor 
is  a  non-resident  alien  enemy  or  ally  of  enemy,  within  the  terms 
of  the  Act  of  Congress  of  October  6,  1917,  commonly  called  the 
"Trading  with  the  Enemy  Act,"  the  notice  to  such  legatee,  dis- 
tributee or  creditor  provided  for  in  this  rule  shall  be  served  upon 
the  Alien  Property  Custodian  appointed  by  the  President  of  the 
United  States  under  the  provisions  of  that  act;  and  the  Alien 
Property  Custodian  is  authorized  to  file  in  any  probate  cause 
in  which  there  is  an  alien  enemy  or  ally  of  enemy  legatee,  dis 
tributee  or  creditor  the  waiver  of  the  notice  herein  provided  for; 
and  the  Alien  Property  Custodian  is  also  authorized  to  file  the 
consent  to  the  allowance  of  the  commissions  and  attorneys'  fees 
claimed  as  herein  provided  for  in  any  probate  account  in  which 
there  is  an  alien  enemy  or  ally  of  enemy  legatee,  distributee  or 
creditor.      (As  amended  July  2,  1918.) 


1 1 8  PROBATE  RULES 

3.  Proof  of  Notice. — The  registered  letter  receipts  for  such 
notices,  together  with  the  affidavit  of  the  accountant,  his  agent 
or  attorney,  showing  how  this  rule  has  been  complied  with  shall 
be  filed  in  the  cause  before  the  account  is  approved. 

17 

1 .  All  ex  parte  orders  and  decrees  and  all  orders  and  decrees  on 
consent  or  waiver  of  notice  prepared  for  the  signature  of  the 
presiding  Justice  of  the  Probate  Court  shall,  except  as  otherwise 
provided  by  law,  be  presented  between  the  hours  of  nine  A.  M. 
and  eleven  A.  M.  on  any  week  day  except  Saturdays  and  legal 
holidays  to  the  Register  of  Wills  or  to  a  deputy  to  be  designated 
by  him,  who  shall  review  such  orders  and  make  such  suggestions 
to  the  court  relative  to  the  penalty  of  the  bond  and  other  matters 
as  the  premises  may  require. 

2.  No  order  or  decree  presented  will  be  finally  rejected  without 
first  affording  the  party  or  his  attorney  an  opportunity  to  be 
heard  by  the  court.     (Adopted  December  4,  1914.) 

18 

1 .  Whenever  any  executor,  administrator,  collector,  or  guardian 
shall  present  to  the  Register  of  Wills  an  account  of  his  administra- 
tion or  trust,  showing  that  he  holds  in  such  fiduciary  capacity 
any  undistributed  portion  of  the  estate,  a  notice  shall  be  issued 
by  the  Register  of  Wills,  directing  the  fiduciary  to  file  within 
fifteen  days  a  report,  verified  by  his  oath,  and  stating  fully  and 
clearly : 

a.  The  place  where  any  trust  moneys  are  deposited  and  in 
what  name. 

b.  The  nature  and  particulars  of  all  assets  and  securities,  real 
and  personal ;  whether  the  same  were  received  by  him  in  the  same 
form  as  part  of  the  trust  estate,  or  are  investments  made  by  him, 
or  under  an  order  of  the  court. 

2.  When  such  report  is  filed,  the  Register  of  Wills  shall  note 
the  filing  thereof  upon  the  appropriate  docket  and  shall  forthwith 
notify  the  fiduciary  to  appear  within  ten  days  and  to  exhibit  to 
him  all  the  securities  reported. 

3.  The  Register  of  Wills,  or  a  deputy  designated  by  him,  shall 


PROBATE    RULES  119 

examine  and  ascertain  the  correctness  of  the  statements  in  the 
report  with  respect  to  all  money  and  property  reported  as  exist- 
ing, and  shall  file  a  written  report  of  the  result  of  such  examination. 

4.  If  the  fiduciary  shall  fail  to  render  the  report  within  the 
time  specified,  a  rule  shall  issue  requiring  him  to  show  cause  on 
a  day  certain  why  he  should  not  be  adjudged  in  contempt. 

5.  Upon  the  failure  of  the  delinquent  to  answer  such  rule  a 
writ  of  attachment  shall  forthwith  issue  directing  the  Marshal 
to  bring  such  delinquent  before  the  court,  to  be  dealt  with  accord- 
ing to  law. 

6.  The  Register  of  Wills  is  authorized  to  demand  and  receive 
for  his  services  the  following  fees: 

Where  the  undistributed  portion  of  the  estate  shall  not  exceed 
$500,  no  fee. 

Where  such  portion  exceeds  $500,  and  does  not  exceed  $1,000, 
$1.00. 

Where  such  portion  exceeds  $1,000,  and  does  not  exceed  $2,000, 
$2.00. 

Where  such  portion  exceeds  $2,000,  and  does  not  exceed  $3,000, 
$3.00. 

Where  such  portion  exceeds  $3,000  and  does  not  exceed  $4,000, 
$4.00. 

Where  such  portion  exceeds  $4,000,  $5.00. 

7.  Equity  Rule  73  shall  no  longer  govern  the  practice  of  the 
Probate  Court.     (Adopted  April  21,  1918.) 

RULE  FOR  THE  INVESTMENT  OF  TRUST  FUNDS. 

19 

Section  1.  Investments  of  trust  funds,  unless  otherwise  pro- 
vided in  the  instrument  creating  the  trust,  or  except  under  extra- 
ordinary conditions  set  forth  fully  to  the  court,  will  ordinarily 
be  sanctioned  by  the  Supreme  Court  of  the  District  of  Columbia 
only  when  made  in  the  securities  mentioned  in  the  third  section 
of  this  rule. 

Section  2.  The  list  of  authorized  securities  mentioned  in  the 
foregoing,  and  set  out  in  the  succeeding  section  shall  be  annually 


120  PROBATE    RULES 

revised  by  the  Supreme  Court  of  the  District  of  Columbia,  and  a 
committee  of  judges  shall  be  appointed  for  that  purpose  at  the 
general  term  held  at  the  close  of  the  October  term  of  the  Supreme 
Court  of  the  District  of  Columbia,  which  committee  shall  have 
power  to  appoint  for  its  assistants  such  expert  advisers  as  it  may 
find  expedient  and  practicable. 

The  application  to  place  upon  the  list  of  investments  any  in- 
vestment which  does  not  fully  meet  the  requirements  set  forth 
in  this  rule  will  not  be  considered  at  any  other  time  save  at  the 
time  of  the  annual  revision  of  the  list,  except  under  special  cir- 
cumstances, and  with  suitable  provision  for  procuring  impartial 
expert  testimony  at  the  expense  of  the  party  making  such  applica- 
tion. 

vSection  3.  The  following  investments  for  trust  funds  will 
ordinarily  be  sanctioned  by  the  said  court  upon  petition,  and 
subject  to  the  limitations  in  this  section,  hereinafter  set  forth, 
until  further  order  of  court,  made  in  pursuance  of  the  preceding 
section: 
A.     United  States  Bonds. 

A.  1.  Federal  Land  Bank  Farm  Loan  Bonds. 

All  bonds  for  which  the  faith  of  the  United  States  is  pledged  to 
provide  for  the  payment  of  the  interest  and  principal. 

B.  State  and  Territory  Bonds. 

All  authorized  bonds  of  any  State  or  Territory  of  the  United 
States  and  of  the  District  of  Columbia. 

C.  County  Bonds. 

All  duly  authorized  bonds  of  any  county  of  any  State  of  the 
United  States  having  a  population  of  not  less  than  40,000  persons, 
according  to  the  last  federal  census. 

Provided,  such  county  has  not  defaulted  in  the  payment  of  any 
part  of  the  principal  and  interest  of  any  of  its  indebtedness  within 
twenty  years  prior  to  the  making  of  the  investment. 

Provided,  also,  that  the  net  indebtedness  of  the  said  county 
does  not  exceed  3  per  cent  of  the  last  preceding  valuation  of 
property   for  taxation. 

Provided  further,  That  there  is  no  obstacle  by  constitutional  or 
legislative  limitation,  or  otherwise,  to  the  enforcement  of  the 
payment  of  the  principal  and  interest  of  said  bonds  by  usual 
legal  process. 


PROBATE   RULES  121 

D.  City,  Town  and  Other  Municipal  Bonds. 

Any  duly  authorized  bond  of  any  city  in  any  State  of  the  United 
vStates  of  25,000  or  more  inhabitants,  according  to  the  last  federal 
census. 

Provided  (in  either  case)  that  such  bond  is  a  direct  obligation 
upon  said  municipality  or  city,  and  that  there  is  no  obstacle  by 
constitutional  or  legislative  limitation,  or  otherwise,  to  the 
enforcement  of  the  payment  of  the  principal  and  interest  of  the 
said  bonds  by  usual  legal  process.  Special  assessment  bonds  and 
improvement  bonds,  which  are  not  direct  and  primary  obligations 
of  the  city  issuing  the  same,  are  not  allowed. 

Provided  also  (in  either  case)  that  such  municipality  or  city 
has  not  defaulted  upon  any  of  its  funded  obligations  for  the 
next  preceding  twenty  years. 

Provided  further,  That  the  net  indebtedness  of  such  municipality, 
if  of  25,000  inhabitants,  according  to  the  last  federal  census,  does 
not  exceed  5  per  centum  of  its  last  preceding  valuation  of  property 
for  taxes;  and  that  the  net  indebtedness  of  any  such  municipality 
or  city  of  more  than  25,000  inhabitants,  and  less  than  100,000 
inhabitants,  together  with  the  indebtedness  of  any  district,  or 
municipal  corporation,  or  subdivision,  except  a  county,  which  is 
wholly  or  in  part  within  the  limits  of  said  city,  does  not  exceed 
5  per  cent  of  such  valuation;  and  that  the  net  indebtedness  of  any 
such  municipality  or  city,  if  of  more  than  100,000  inhabitants, 
according  to  the  last  federal  census,  together  with  the  indebted- 
ness of  any  district  or  other  municipal  corporation,  or  subdivision, 
except  a  county,  which  is  wholly  or  in  part  included  within  the 
limits  of  said  city,  does  not  exceed  7  per  cent  of  such  valuation. 
Such  net  debt  of  any  city  or  municipality  is  to  be  determined  by 
deducting  from  the  gross  debt  the  amount  of  its  water  debt  and 
negotiable  securities  in  its  sinking  funds,  which  are  available  for 
the  payment  of  its  bonds. 

E.  Railroad  Bonds. 

(1)  The  mortgage  bonds  of  any  railroad  corporation  incorpo- 
rated under  the  laws  of  the  United  States,  or  any  of  them,  which 
either  actually  owns  not  less  than  500  miles  of  standard  gauge 
railroad,  exclusive  of  sidings,  in  the  United  States,  or  the  krn,ss 


122  PROBATE   RULES 

earnings  of  which  during  the  five  years  preceding  the  date  of  any 
such  investment  from  the  operation  of  said  corporation,  including 
the  gross  earnings  of  all  lines  leased  and  operated,  or  controlled 
and  operated  by  it,  shall  not  have  been  less  than  ten  millions  of 
dollars  in  each  year. 

Provided,  That  at  no  time  within  five  years  next  preceding  the 
date  of  any  such  investment  shall  such  railroad  corporation  have 
failed  regularly  and  punctually  to  pay  the  matured  principal  and 
interest  of  all  its  mortgage  and  other  fixed  interest  indebtedness, 
and  in  addition  thereto  regularly  and  punctually  have  paid  in 
cash  out  of  income  in  dividends  to  its  stockholders  during  each 
of  said  five  years  an  amount  at  least  equal  to  4  per  cent  on  all 
its  outstanding  capital  stock,  and 

Provided  further,  That  all  bonds  authorized  for  investment  by 
this  clause  shall  be  secured  by  a  mortgage  which  is,  at  the  time 
of  making  said  investment,  or  was  at  the  date  of  the  execution 
of  said  mortgage  (1)  a  first  mortgage  upon  not  less  than  75  per 
cent  of  the  railway  actually  owned  by  the  company  issuing  said 
bonds,  exclusive  of  sidings  at  the  date  of  said  mortgage,  or  (2)  a 
general  or  consolidated  mortgage  issued  to  retire  all  prior  lien 
mortgage  debts  of  said  company  outstanding  at  the  time  of  said 
investment,  and  covering  at  least  75  per  cent  of  the  railway 
owned  by  said  company  at  the  date  of  said  mortgage;  but  no 
one  of  the  bonds  so  secured  shall  be  a  legal  investment  in  case  the 
mortgage  securing  the  same  shall  authorize  a  total  issue  of  bonds,, 
which,  together  with  all  outstanding  prior  debts  of  said  company 
after  deducting  therefrom,  in  case  of  a  refunding  mortgage,  the 
bonds  reserved  under  the  provisions  of  said  mortgage  to  retire 
prior  debts  at  maturity,  shall  exceed  three  times  the  outstanding 
capital  stock  of  said  company  at  the  time  of  making  said  invest- 
ment ;  and  no  mortgage  is  to  be  regarded  as  a  refunding  mortgage 
under  the  provisions  of  this  rule  unless  the  bonds  which  it  secures 
mature  at  a  later  date  than  any  bond  which  it  is  given  to  refund, 
nor  unless  it  covers  a  mileage  at  least  25  per  cent  greater  than  is 
covered  by  any  one  of  the  prior  mortgages  so  to  be  refunded. 

(2)  Any  underlying  bonds  to  secure  the  retirement  of  which 
refunding  bonds  have  been  authorized  under  a  mortgage  fully 
complying  with  the  provisions  of  the  first  sub-section  hereof. 


PROBATE   RULES  123 

(3)  Any  underlying  first  mortgage  bonds  covering  the  whole 
of  any  railroad  which  has  been  consolidated  with  and  made  an 
integral  part  of  another  railroad  actually  owning  and  operating 
not  less  than  500  miles  of  standard  gauge,  provided  said  last 
mentioned  railroad  has  issued  and  outstanding  mortgage  bonds 
covering  its  whole  trackage,  including  the  road  so  consolidated, 
to  such  an  amount  that,  dividing  its  whole  mortgage  indebtedness 
by  the  whole  number  of  miles  of  road,  the  quotient  will  be  at 
least  double  the  amount  per  mile  of  said  first  mortgage  bonds  which 
remain  as  an  underlying  lien  prior  to  the  mortgage  bonds  so 
issued  on  the   consolidated  road. 

Provided  neither  of  said  railroads  has  failed  to  pay  either  the 
interest  or  principal  of  any  of  its  mortgage  or  fixed  interest  in- 
debtedness for  ten  years  next  preceding  such  investment. 

F.  Equipment  Bonds. 

Any  equipment  bonds  which  are  the  direct  obligations  of  ativ 
railroad  company  actually  operating  its  own  road  in  its  own  name, 
any  of  whose  mortgage  bonds  are  authorized  under  section  E, 
sub-sections  1  or  2  of  this  rule;  or  any  equipment  bonds  secured 
by  equipment  leased  to  any  railroad  company  actually  operating 
its  own  road  in  its  own  name,  any  of  whose  mortgage  bonds  are 
good  under  section  E,  sub-sections  1  or  2  of  this  rule. 

Provided  such  bonds  are  issued  against  new  rolling  stock  which 
shall  actually  cost  said  railroad  company  at  least  15  per  cent  more 
than  the  amount  of  said  equipment  bonds,  and  of  which  issue  of 
equipment  bonds  the  deed  of  trust  securing  the  same  provides 
that  at  least  one-tenth  shall  be  called  in  and  paid  each  year  sub- 
sequent to  the  date  of  said  bonds. 

G.  Street  Railway  Bonds. 

The  first  mortgage  bonds  of  street  railroad  corporations  located 
wholly  or  in  part  in  cities  of  the  United  States  having  a  population 
of  not  less  than  50,000,  according  to  the  last  federal  census,  which 
have  a  franchise  to  run  their  cars  over  such  streets  and  roads  as 
may  be  in  use  by  them,  at  the  date  of  the  mortgage,  perpetually 
or  for  a  period  of  time  ending  at  least  fifteen  years  after  the  date 
of  the  maturity  of  said  bonds. 

Provided,  That  the  mortgage  bond  indebtedness  of  any  such 


124  PROBATE    RULES 

street  railway  does  not  exceed  the  amount  of  the  capital  stock 
of  the  corporation,  and  that  such  corporation  has  earned  and 
paid  regularly  in  cash,  out  of  income,  dividends  of  not  less  than 
4  per  cent  per  annum  on  all  of  its  capital  stock  outstanding  for 
five  years  next  preceding  such  investment;  and, 

Provided  also,  That  any  first  mortgage  bond,  covering  the 
whole  of  any  street  railway,  which  has  been  consolidated  with  and 
whose  track  has  been  made  an  integral  part  of  another  street 
railway,  whose  bonds  would  be  good  under  the  previous  pro- 
visions of  this  section  shall  be  deemed  also  to  be  authorized  here- 
under. 

H.    Gas  and  Miscellaneous  Securities. 

No  general  provisions,  but  securities  mentioned  in  the  list  are 
approved. 
/.    Mortgage  on  Real  Estate. 

First  mortgage  on  real  estate  in  the  District  of  Columbia,  to 
the  extent  of  60  per  cent  of  the  value  thereof,  if  dwelling  house, 
store,  or  office  property,  and  productive;  50  per  cent  of  its  actual 
value,  if  farm  property  and  improved ;  or  30  per  cent  of  its  actual 
value,  if  unproductive,  or  manufacturing  property. 

The  valuation  must  be  certified  (under  oath)  by  at  least  two 
persons  familiar  with  the  value  of  said  property  and  the  title 
must  either  be  certified  by  a  member  of  the  District  of  Columbia 
bar  of  at  least  five  years'  practice  or  must  be  guaranteed  by  a 
reputable  title  insurance  company. 
General    Provisions. 

No  trustee  can  sell  bands  held  by  him  individually  to  himself 
as  trustee. 

A.  No  investment  shall  be  allowed  in  the  securities  of  any 
corporation  which  does  not  publicly  issue  or  make  an  annual 
report  of  income  and  expenditures  and  also  issue  a  general  balance 
sheet. 

Not  more  than  40  per  cent  of  any  estate  unless  by  special  order 
of  court  upon  petition  plainly  setting  forth  the  fact,  shall  be  in- 
vested in  any  one  security. 

Should  any  fixed  interest  obligation  of  the  corporation,  the 
mortgage  bonds  of  which   are   authorized   as  trust  investments 


PROBATE    RULES  125 

under  this  rule,  be  defaulted  upon,  all  bonds  of  such  corporation, 
or  underlying  issues  upon  its  property,  shall  be  stricken  from  the 
list,  and  so  remain,  until  and  unless  such  bonds  shall  be  reinstated 
by  special  order. 

The  foregoing  rule,  having  been  fully  considered,  it  is  ordered  by 
the  Supreme  Court  of  the  District  of  Columbia  this  4th  day  of 
October,  A.  D.  1915,  that  the  foregoing  be  and  the  same  is  hereby 
adopted  as  the  rule  governing  the  investment  of  trust  funds  in 
Supreme  Court  of  the  District  of  Columbia. 


INDEX  TO  PROBATE  RULES. 


Accounts — 

of  guardians,  vouchers  to  be  obtained 

of  delinquent  fiduciaries,  citation  to  compel 

cf  executors  and  administrators 

exceptions  to 

notice  of  application  for  approval  of 

amount    claimed    for    attorneys'    fees    and 
commissions,      when      and      to      whom 

given 

to    alien  property  custodian,  when 

Administration — 

letters  of,  petition  fcr,  what  to  set  forth 

citation  on,  when  to  issue 

Administration  c.  t.  a. — 

petition  for  probate  of  will  and  letters  of,  what  to 

state 

petition  for  probate  of  will  and  letters  of,  citation 

on 

Administrators — 

petition  for  appointment  of 

citation  to  compel   account  by 

accounts  of,  exceptions  to,  when  to  be  filed 

notice  of  application  for  approval  of,  to 

whom  given 

notice   of   application   for   approval   of, 

what  to  state.. 

notice   of   application   for   approval   of, 

proof  of 

report  of,  as  to  undistributed  estate 

Admission — 

of  personal  service  of  order  of  publication,  etc.,  on 

party  outside  the  jurisdiction 

Advertisement — 

notice  by,  of  petition  for  letters  of  administration 

Affidavit — 

as  to  mailing  copy  of  order  of  publication,  etc 

as  to  personal  service  of  order  of  publication,  etc.,  on 

party  outside  of  jurisdiction 

as  to  service  of  notice  ot  amount  claimed  by  executor, 

etc.,  for  attorneys'  fees,  etc 

Allowance — 

for  support  of  infant,  order  appointing  guardian  to 

state  amount  of 

Answer — 

to  petition,  etc.,    to   be   verified,    unless   verification 

waived 

irrelevant,  etc.,  matter  in  may  be  stricken 
out_ 

(i) 


Rule. 


14 
15 

16 
16 
16 


16 
16 

7 
10 


7 

8 

7 
15 
16 

16 

16 

16 
18 

12 
10 
9,  12 
12 
16 

14 

6 
6 


Page. 


116 
116 
117 

117 
117 


117 

117 

110 
112 


110 

111 

110 
116 

117 

117 

117 

118 
118 

114 
112 
112,  1  14 
114 
117 

115 

110 
110 


INDEX   TO    PROBATE    RULES 


Army  and  Navy — 

appointment  of  guardian  for  indigent  boys  to  enable 

them  to  enlist  in 

Attorneys — 

counsel  appearing  for  parties  to  be  designated  as 

only  members  of  bar  permitted  to  practice 

for  caveator,  not  to  be  appointed  as  sole  or  joint  col- 
lector of  estate,  pending  trial  of  caveat,  except  by 

consent 

affidavit  of.  as  to  mailing  copy  of  order  of  publication, 

etc 

as  to  service  of  notice  of  application  for 

approval  of  account 

fees  of,  notice  of  application  fcr  approval  of  account 

to  state  allowance  claimed  for 

Auditor — 

reference  to,  of  petition  for  sale  of  real  estate 

not  to  be  made  until  all  respondents  to 
petition  are  before  court 


B. 
Bar— 

only  members  of  permitted  to  practice 

Birth — 

date  of,  of  minor,  to  be  stated  in  petition  for  probate, 

etc 

date  of,  of  minor,  to  be  stated  in  petition  for  guardian- 
ship  

Bond — 

special,  to  pay  debts,  etc.,  petition  to  state  facts  on 
which  privilege  to  file  is  claimed 


Rule. 


C. 
Caveat — 

issues  on,  trial  of,  sessions  of  probate  court  for 

pending  trial  of,  caveator  or  his  attorney  not  to  be 
appointed  collector  without  consent  of  caveatee... 

verification  of 

irrelevant,  insufficient  or  scandalous  matters  in  may 

be  stricken  out 

issues  on,  notice  of  time  and  place  of  trial,  form  of 

return  of.. 

order  of  publication,  form  of. 

Caveator — 

appointment    of,     as    collector,     pending     trial     of 

caveat 

Citation — 

on  petition  for  probate  ot  will 

form  of. 

return  of 

when  returned  "not  to  be  found,"  order  of  publication 

to  be  made 

order  of  publication,  form  of 

service  of 

affidavit  as  to  mailing  copy 


14 


4 

109 

4 

109 

5 

109 

9,  12 

112,  114 

16 

117 

16 

117 

13 

115 

13 

115 

7 
14 


5 

6 

6 
11 
11 
12 


8 
8 

,s 

!) 
«> 
«> 


Page. 


116 


109 

110 

115 

110 

109 

109 
110 

110 
113 

113 
113 

109 

111 
111 
111 

111 
112 
112 
112 


INDEX   TO   PROBATE   RULES 


111 


Citation — Continued . 

on  petition  for  letters  of  administration 

on  petition  for  letters  of  administration,  non-residents, 

notice  to 

to  compel  account  by  fiduciaries 

Collectors — 

caveator  or  his  attorney    not   to  be   appointed   as, 
pending  trial  of  caveat,  except  by  consent,  unless 

court  deems  necessary  for  protection  of  estate 

report  of,  as  to  undistributed  estate 

Commissions — 

of  executor,  etc.,  notice  of  application  for  approval  of 

account  to  state  amount  claimed  for 

Contempt — 

attachment  of  fiduciary  for  failure  to  answer  rule 

Creditors — 

notice  to,   of  application   for  approval  of   account, 

when 

Crier — 

of  probate  court,  to  be  designated  by  court 


D. 
Debts — 

due  by  decedent,  to  be  stated  in  petition  for  letters... 
Decrees  and  orders — 

ex  parte  or  by  consent,  to  be  presented  to  Register  of 
Wills.-.. -- : 

party  or  attorney  to  be  heard  before  final  rejection — 
Delinquent  fiduciaries — 

citation  co  compel  account  by 

Domicile — 

of  decedent,  petition  for  letters  to  state 


Rule. 

Page. 

10 

112 

10 
15 

112 
116 

5 

18 

109 
118 

16 

117 

15,  18 

116, 

119 

16 

117 

2 

109 

Estate  — 

real  and  personal,  of  decedent,  value  and  character 

of  to  be  stated  in  petition  for  letters .... 

of  infant,  value  and  character  ol  to  be  stated  in  peti- 
tion for  appointment  of  guardian 

Exceptions — 

to  account  ot  executor,  etc.,  when  to  be  filed 

Executors — 

petition  for  letters  testamentary,  what  to  state 

citation  to  compel  account  by 

accounts  of,  exceptions  to,  when  to  be  filed 

notice   of   application    for   approval,    to 

whom  given 

notice  of  application  for  approval,  what 

to  state 

notice  of  application  for  approval,  proof 

of 

report  of,  as  to  undistributed  estate 


17 
17 

15 

7 


110 

118 
118 

116 

110 


7 

110 

14 

115 

16 

117 

7 
15 
16 

110 
116 

117 

16 

117 

16 

117 

16 

18 

117 
118 

IV 


INDEX   TO    PROBATE    RULES 


F. 
Fiduciaries — 

delinquent,  citation  to  compel  account  by 

report  as  to  undistributed  funds 

securities  reported  to  be  exhibited 

report,  examination  of  and  report  as  to 

on  failure  to  file,  attachment  for  contempt 

fees  of  Register  of  Wills  for  examining 

Forms — 

of  citation 

of  order  of  publication 

of  notification  of  time  and  place  of  trial  of  issues 

of  order  of  publication,  time  and  place  of  trial  of 
issues - 


G. 
Guardian — 

petition  for  appointment  of,  by  whom  made 

what  to  state 

infants,  right  of  to  elect 

to  be  present  in  court  unless  excused 

order  appointing,  what  to  state 

not  to  incumber  or  dispose  of  ward's  estate  except  by 

order  of  court.. 

accounts  of,  vouchers  to  be  obtained 

estate  of  ward  to  be  invested  under  supervision  of 

court - — 

appointment  of,  for  indigent  boys,  to  enable  them  to 
enlist  in  Army  or  Navy,  petitions  to  be  prepared 

without  cost : 

report  of,  as  to  undistributed  estate 

Guardian  ad  litem — 

when  to  be  appointed...- 


I. 
Indigent  boys — 

petitions  for  appointment  of  guardians  for,  to  be  pre- 
pared without  cost 

Infants — 

next  of  kin,  etc.,  date  of  birth  to  be  stated  in  petition 

for  probate,  etc 

guardian  ad  litem,  appointment  of 

date  of  birth  of,  to  be  stated  in  petition  for  guardian- 
ship  

election  of  guardian  by 

to  be  present  in  court  at  appointment  of  guardian 

unless  excused. 

allowance  for  support  of,  amount  to  be  stated  in  order 

appointing  guardian 

estate  of,  investment  of  by  guardian 

Investments — 

by  guardian,  of  estate  of  ward 

of  trust  funds,  list  of  securities 


15 
18 
18 
18 
18 
18 

8 

9,  12 

11 

12 


14 
14 
14 
14 
14 

14 
14 

14 


Page. 


14 
18 


14 


112, 


116 
118 
118 
118 
119 
119 

111 
113 
113 

113 


115 
115 

115 
115 
115 

116 
116 

116 


116 
118 

111 


116 


7 

no 

7 

1  1  1 

14 

115 

14 

115 

14 

115 

14 

115 

14 

116 

14 

116 

19 

119 

INDEX  TO   PROBATE   RULES 


V 


Issue — 

filing  of  replication  not  necessary  to 

of  citation,  when  to  be  made 

Issues — 

trial  of,  sessions  of  probate  court  for,  when  held 

notification  of  time  and  place  of- 

form  of 

return  of 

order  of  publication,  form  of -- 

copy  of  to  be  mailed  non  resi- 
dent..-  

proof   of   mailing,    affidavit   as 

to.— 

service  of,   out  of  jurisdiction, 

affidavit  as  to 

personal  service  out  of  jurisdic- 
tion, admission  of 


Letters — 

testamentary,  petition  for  what  to  state 

of  administration,  petition  for,  what  to  state. 


M. 
Marshal — 

to  designate  deputies  to  attend  probate  court 

N. 
Non-residents — 

names  and  addresses  of  to  be  stated  in  petition  for 

probate,  etc 

order  of  publication  against,  form  of 

service  of,  affidavit  as  to. 

notice  by  publication  to,  of  time  and  place  of  trial  of 

issues 

affidavit  as  to_ 

personal  service  of,  out  of  jurisdiction,  proof  of 

admission  of... 

P. 
Parties — 

respondents  to  be  before  court  before  reference  to 

auditor  of  petition  to  sell  real  estate 

Petition — 

to  be  verified  by  oath  or  affirmation 

irrelevant  and  scandalous  matter  in,  striking  out  of... 

for  probate,  etc.,  what  to  set  forth 

tor  sale  of  real  estate,  what  to  set  forth    

parties  respondent  to  be  before 
court    before    reference    to 

auditor 

reference  of,  to  auditor 

for  appointment  of  guardian,  what  to  state 


Rule. 


6 
8,  10 

1 
11 
11 
11 
12 

12 

12 

12 

12 


7 
7 


7 
9 
9 

12 
12 
12 
12 


13 

6 

6 

7 

13 


13 

13 
14 


Page. 


110 
111,  112 

109 
113 
113 
113 
113 

114 

114 

114 

114 


110 
110 


109 


110 
112 
112 

113 
114 

114 
114 


115 

110 
110 
1  10 
114 


115 
US 

115 


VI 


INDEX   TO    PROBATE   RULES 


Rule. 


Page. 


Pleadings — 

to  be  verified  by  oath,  except  when  waived 

filing  of  replication  not  necessary  to  issue 

scandalous,  etc.,  matter,  striking  out  of 

Practice — 

law  and  equity  rules  to  govern 

Probate — ■ 

of  will,  petition  for,  what  to  state 

citation  on  petition  for  to  be  issued  when. 

form  of 

return  of 

publication,  order  of,  when  to  be  made 

form  of 

service  of,  affidavit  as  to 

Probate  court — 

daily  sessions  of  except  Saturdays  and  legal  holidays 

unless  otherwise  ordered— 

trial  sessions  of,  when  to  be  held 

crier  to  be  designated  by  justice  holding 

marshal  to  designate  deputies  to  attend 

law  and  equity  rules  to  govern  practice  in,  so  far  as 

practicable. 

Publication — 

order  of,  when  to  be  made 

form  of 

service  of,  affidavit  as  to  mailing  copy 

of  notification  of  time  and  place  for  trial  of  issues, 

form  of. 

service  of,  affidavit  as  to  mailing  copy 

personal  service  out  of  jurisdiction,  proof  of— 

admission  of— 

on  petition  for  sale  of  real  estate. 


R. 
Real  estate,  sale  of — 

petition  for,  what  to  state 

respondents  to  be  before  court  before 

reference  of  to  auditor 

reference  of  to  auditor 

Residence — 

of  hairs,  etc.,  to  be  stated  in  petition  for  probate,  etc.. 

non-residents,  order  of  publication  against 

notice  to,  by  publication,  etc.,  of  time 

and  place  of  trial  of  issues 

Return — 

of  citation,  when  to  be  made 

of  notification  of  Lime  and  place  of  trial  of  issues 

Rules — 

law  and  equity  to  govern  practice  in  probate  court  as 
far  as  applicable. 


S. 

Scandal — 

in  petition,  etc.,  striking  out  of. 


6 

<; 
6 


7 
8 
8 
8 
9 
9 
9 


1 
1 

2 
2 


9,  12 

9,  12 

9 

12 
12 
12 
12 
13 


13 

13 
13 

7 
9,  12 

12 

8 
11 


110 
110 

110 

109 

110 

111 
111 
111 
111 

112 
112 


109 
109 
109 
109 

109 

112,  113 

112,  113 

112 

113 
114 
114 
114 
115 


114 

115 
115 

110 
112,  113 

113 

111 
113 


109 


110 


INDEX  TO   PROBATE   RULES 


Vll 


Rule. 


Page. 


Sessions — 

of  probate  court,  when  to  be  held 

Special  bond  (see  Bonds) 

T. 
Terms — 

no  terms  of  probate  court 

Testamentary — 

letters,  petition  for,  what  to  state 

Trial  sessions — 

of  probate  court,  when  tc  be  held 

Trust  funds — 

investment  of,  in  what  securities 

list  of  securities,  annual  revision  of 

U. 

Unsound  mind — 

person  of,  appointment  of  guardian  ad  litem  for 

V. 
Verification — 

of  pleadings.— 


1 

7 

109 

110 

1 

109 

7 

110 

1 

109 

19 
19 

119 
120 

111 


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